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2004-285
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2004-285
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Last modified
9/30/2016 1:45:43 PM
Creation date
9/30/2015 8:25:27 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Contract
Approved Date
11/09/2004
Control Number
2004-285
Agenda Item Number
None
Entity Name
Midstate Mechanical of Vero Beach
Subject
Repair of A/C system at Sheriff's office
Hurricane Frances and Hurricane Jeanne
Archived Roll/Disk#
3224
Supplemental fields
SmeadsoftID
4730
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14 . MERGER : MODIFICATION . This Agreement incorporates and includes all prior and <br /> contemporaneous negotiations , correspondence , conversations , agreements or <br /> understandings applicable to the matters contained herein and the parties agree that there <br /> are no commitments , agreements , or understandings of any nature whatsoever concerning <br /> the subject matter hereof that are not contained in this document . Accordingly , it is agreed <br /> that no deviation from the terms hereof shall be predicated upon any prior or <br /> contemporaneous representations or agreements , whether oral or written . No alteration , <br /> change , or modification of the terms of this Agreement shall be valid unless made in <br /> writing and signed by the Contractor and the County . <br /> 15 . GOVERNING LAW ; VENUE . This Agreement , including all attachments hereto , shall <br /> be construed according to the laws of the State of Florida . Venue for any lawsuit brought <br /> by either party against the other party or otherwise arising out of this Agreement shall be in <br /> Indian River County, Florida , or, in the event of federal jurisdiction , in the United States <br /> District Court for the Southern District of Florida . <br /> 16 . REMEDIES ; NO WAIVER . All remedies provided in this Agreement shall be deemed <br /> cumulative and additional , and not in lieu or exclusive of each other or of any other remedy <br /> available to either party , at law or in equity. Each right , power and remedy of the parties <br /> provided for in this Agreement shall be cumulative and concurrent and shall be in addition <br /> to every other right , power or remedy provided for in this Agreement or now or hereafter <br /> existing at law or in equity or by statute or otherwise . The failure of either party to insist <br /> upon compliance by the other party with any obligation , or exercise any remedy , does not <br /> waive the right to so in the event of a continuing or subsequent delinquency or default . A <br /> party' s waiver of one or more defaults does not constitute a waver of any other <br /> delinquency or default . If any legal action or other proceeding is brought for the <br /> enforcement of this Agreement or because of an alleged dispute , breach , default or <br /> misrepresentation in connection with any provisions of this Agreement , each party shall <br /> bear its own costs . <br /> 17 . SEVERABILITY . If any term or provision of this Agreement or the application thereof <br /> to any person or circumstance shall , to any extent , be held invalid or unenforceable for the <br /> remainder of this Agreement , then the application of such term or provision to persons or <br /> circumstances other than those as to which it is held invalid or unenforceable shall not be <br /> affected , and every other term and provision of this Agreement shall be deemed valid and <br /> enforceable to the extent permitted by law . <br /> 18 . NO PLEDGE OF CREDIT . The Contractor shall not pledge the County's credit or <br /> make it a guarantor of payment or surety for any contract , debt , obligation , judgment , lien <br /> or any form of indebtedness . <br /> 19 . PUBLIC RECORDS , The Contractor shall comply with the provisions of Chapter 119 , <br /> Florida Statutes ( Public Records Law) in connection with this Agreement . <br /> 20 , 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 /> 9 <br />
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