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2005-379
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2005-379
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4 . 1 . 17 . The County and the College agree to name the Instructional Lab that will be <br /> located within the Library the " Marion C . Link Electronic Library" . The County agrees that the <br /> College will own , maintain , and upgrade the computer equipment in the Marion C . Link <br /> Library . <br /> ARTICLE 5 TERM ; AMENDMENT . TERMINATION <br /> 5 . 1 . The term of this Interlocal Agreement shall be sixty-six (66 ) years with three ( 3 ) <br /> renewal options of eleven ( 11 ) years each , for a potential term , including all renewal options , <br /> of ninety nine ( 99 ) years from the effective date . The renewal options are automatic . <br /> 5 . 2 . This Interlocal Agreement may not be terminated by either party during the initial <br /> term . After the expiration of the initial term , any party that desires to terminate or not renew <br /> this Interlocal Agreement must send at least one ( 1 ) year' s prior written notice of such intent , <br /> setting forth with particularity the reason for such requested termination or non - renewal , <br /> together with a specific proposal for the orderly transition of Library operations to the other <br /> party . <br /> 5 . 3 . This Interlocal Agreement may be amended only by written agreement of the <br /> parties . A party requesting amendment of the Interlocal Agreement must provide written <br /> notice , setting forth with particularity the nature of the proposed amendment , to the other party <br /> at least ninety ( 90 ) days prior to the proposed effective date of the amendment . <br /> 5 . 4 . This Interlocal Agreement is subject to the availability of funds lawfully <br /> appropriated for its purpose by the County , and if funds are not so appropriated , the parties <br /> agree to enter into negotiations for a mutually satisfactory written modification of this <br /> Interlocal Agreement and , if applicable , the Lease . <br /> 5 . 5 . Upon termination of this Interlocal Agreement , the associated Lease is <br /> automatically terminated upon fulfillment by the parties of the termination obligations set forth <br /> in this Interlocal Agreement . <br /> ARTICLE 6 MISCELLANEOUS PROVISIONS <br /> 6 . 1 . This Interlocal Agreement shall be governed by the laws of the State of Florida <br /> and any and all legal action instituted because of this Interlocal Agreement shall be instituted <br /> in Indian River County . <br /> 6 . 2 This Interlocal Agreement incorporates and includes all prior and <br /> contemporaneous negotiations , correspondence , conversations , agreements , and <br /> understandings applicable to the matters contained herein and the parties agree that there <br /> are no commitments , agreements , or understandings concerning the subject matter of this <br /> Interlocal Agreement that are not contained in this document . Accordingly , it is agreed that no <br /> deviation from the terms hereof shall be predicated upon any prior or contemporaneous <br /> representations or agreements , whether oral or written . <br /> 6 . 3 . If any term or provision of this Interlocal Agreement or the application thereof to <br /> any person or circumstance shall , to any extent , be held invalid or unenforceable for the <br /> 9 <br />
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