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commitments (e.g., suppliers, subcontractors) which had become contracted prior to receipt <br />of the notice of intent to terminate. <br />(4) Upon receipt of a termination action under paragraphs (1) or (2) <br />above, GUARDIAN shall (1) discontinue all affected work (unless the notice directs <br />otherwise) and (2) deliver or otherwise make available to the COUNTY all data, drawings, <br />reports specifications, summaries and other such information, as may have been <br />accumulated by GUARDIAN in performing this Contract, whether completed or in process, <br />within the 30 day notice and consultation period. <br />(5) Upon termination, the COUNTY may take over the work and may <br />award another party a Contract to complete the work described in this Contract. <br />(6) If, after termination for failure of GUARDIAN to fulfill contractual <br />obligations, it is determined that GUARDIAN had not failed to fulfill contractual obligations, <br />the termination shall be deemed to have been for the convenience of the COUNTY. In such <br />event, adjustment of the contract price shall be made as provided in paragraph (3) above. <br />H. Remedies <br />Unless otherwise provided in this Contract, all other matters in question between the <br />COUNTY and GUARDIAN, arising out of or relating to this Contract, or the breach of it, will <br />be decided by a Florida court of competent jurisdiction. The venue for any legal action or <br />other proceedings, which might arise from this Contract, shall be Indian River County, <br />Florida. <br />Liability <br />(1) GUARDIAN shall be responsible for all damages to persons or <br />property that occur as a result of GUARDIAN's fault or negligence in connection with work <br />performed under the provisions of this Contract, and GUARDIAN shall be financially and <br />otherwise responsible for the proper care and protection of all such work performed until <br />completion thereof and final acceptance by the COUNTY. Guardian shall maintain <br />$1,000,000 of General Liability Insurance. Documentation regarding insurance will be made <br />available upon request. <br />(2) GUARDIAN shall indemnify and hold harmless the COUNTY, its <br />agents, and employees from liability for any injury or damages to persons or property <br />resulting from GUARDIAN's prosecution of work pursuant to the provisions of this Contract. <br />Project Representatives <br />The COUNTY's Project Manager/Coordinator for this Contract is: Bill Schutt, AICP, Senior <br />Economic Development Planner, Indian River County, 772-226-1243, <br />bschutt@ircgov.com. <br />GUARDIAN's Primary Contact responsible for the administration of this Contract is J. <br />Corbett Alday, CEO, Guardian Community Resource Management, Inc., PO Box 189, <br />Mascotte, FL 34753 (813) 943-2627, corbett.alday@guardiancrm.com. In the event that <br />different representatives are designated by either party after execution of this Contract, <br />notice of the name and address of the new representative will be rendered in writing to the <br />party and said notification attached to the original of this Contract. <br />K. Terms and Conditions <br />This Contract contains all the terms and conditions agreed upon by the parties. <br />