Reso 2014-2277 - Laserfiche WebLink

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CONTRACTOR shall be obligated to support its costs with back -up documentation to the CITY'S satisfaction. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, THE CITY SHALL NOT BE LIABLE TO THE CONTRACTOR FOR ANY DIRECT, INDIRECT, SPECIAL AND /OR CONSEQUENTIAL LOSSES OR DAMAGES WHETHER ARISING IN AGREEMENT, WARRANTY, TORT (INCLUDING NEGLIGENCE) STRICT LIABILITY OR ANY OTHER CAUSE OF ACTION AT LAW OR IN EQUITY, INCLUDING BUT NOT LIMITED TO LOSSES OF USE, PROFITS, BUSINESS, REPUTATION OR FINANCING. 16.2.2 Once the Plans and Specifications for this Project receive a permit to commence construction, the ownership in the Plans and Specifications shall vest with the CITY. In the event CITY terminates the Agreement and proceeds to design and construct the Project through its employees, agents or other third parties, CONTRACTOR or its subcontractor(s) shall furnish to the City electronic files of all design and components thereof in editable format. Future use of the design by the City shall be fully compliant with F.A.C. Chapter 61G15 -27 "Procedures for the Adoption of Another's Work ". 16.3 Termination by CONTRACTOR. If CITY fails to make payment thereon for a period of sixty (60) calendar days from payment submittal, CONTRACTOR may, upon thirty (30) additional days written notice to CITY, terminate the Contract and recover from the CITY payment for work executed and for proven losses with respect to materials, equipment, tools, construction equipment, machinery and labor. 16.4 Non - Binding Mediation. 16.4.1 Non - Binding Mediation. In the event a dispute arises, either Party may request that the other party attend non - binding mediation. Mutual written consent is required for the non - binding mediation to take place. To the extent that mediation does occur, the CONTRACTOR is obligated to continue to perform the Work and the CITY shall continue to satisfy its payment obligations pending the resolution of the mediation. Before requesting mediation, the parties shall first attempt to resolve the dispute amicably. 16.4.2 Scope of Dispute Review. Any controversy or claim arising out of or relating to this Agreement or any breach of it may be subject to review under these non - binding dispute resolution procedures. 16.4.3 Mediator. The Parties agree that any mediator shall be jointly selected. 16.4.4 Time of Claim. Claims must be brought within the applicable statute of limitations by notice of a claim to the other party or parties affected thereby. Failure to bring the claim within the specified time shall constitute a waiver of the party's right to assert the claim. The notice of claim shall provide reasonably sufficient detail of the nature of the claim and the basis for it. The mediator shall be selected by the parties within twenty (20) days following the date that a party requests that the selection process commence. Each mediation hearing shall be held at a location mutually approved by the parties. Unless the parties otherwise agree in writing, 33