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2004-261
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2004-261
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16 . NOTICES . Any notice , request , demand , consent , approval , or other communication <br /> required or permitted by this Agreement shall be given or made in writing and shall be <br /> served , as elected by the party giving such notice , by any of the following methods : ( a ) <br /> Hand delivery to the other party ; ( b ) Delivery by commercial overnight courier service ; or <br /> ( c ) Mailed by registered or certified mail ( postage prepaid ) , return receipt requested at the <br /> addresses of the parties shown below .- <br /> County <br /> elow :County : Indian River County <br /> Attn : Terry Thompson , P . E . , Capital Projects Manager <br /> 184025 th Street , Vero Beach , FL 32960 - 3365 <br /> Phone : ( 772 ) 226 - 1282 ; Facsimile : ( 772 ) 770 - 5095 <br /> Contractor: Coastal Services of Florida , LLC <br /> Attn : Manny Martinez <br /> 3175 Willfee Road <br /> Fort Pierce , Florida <br /> Phone ( 772 ) 370 -2600 <br /> Notices shall be effective when received at the address as specified above . The original of <br /> the notice must additionally be mailed . Either party may change its address , for the <br /> purposes of this section , by written notice to the other party given in accordance with the <br /> provisions of this section . <br /> 17 . CONSTRUCTION . The headings of the sections of this Agreement are for the <br /> purpose of convenience only , and shall not be deemed to expand , limit , or modify the <br /> provisions contained in such Sections . All pronouns and any variations thereof shall be <br /> deemed to refer to the masculine , feminine or neuter, singular or plural , as the identity of <br /> the party or parties may require . The parties hereby acknowledge and agree that each <br /> was properly represented by counsel and this Agreement was negotiated and drafted at <br /> arm ' s- length so that the judicial rule of construction to the effect that a legal document shall <br /> be construed against the draftsperson shall be inapplicable to this Agreement . It is <br /> mutually agreed between the parties hereto that time is of the essence of this Contract . <br /> 18 . COUNTERPARTS , This Agreement may be executed in one or more counterparts , <br /> each of which shall be deemed to be an original copy and all of which shall constitute but <br /> one and the same instrument . <br /> IN WITNESS WHEREOF , this Agreement is executed by the authorized <br /> repres ativ f the parties as of the day and year first above written . <br /> CO TRF <br /> INDIAN RIVER COUNTY <br /> 41 s" J <br /> Manny n &ndian <br /> aird 10 / 22 / 04 <br /> President r County Administrator <br /> Coastal Services of Florida , LLC River County Emergency <br /> Services District Director <br /> APPRO D AS TO FORM <br /> 4TA <br /> IENC <br /> F : \Public Works\Capital Projects\Hurricane Debris Removal\emergency contract CoastaIMULCH . doc <br /> L <br /> NTY ATTORNFY <br />
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