Reso 2024-3718 - Laserfiche WebLink

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EpdvTjho!Fowfmpqf!JE;!2193E418.88DB.5943.:22G.914D7G:28845EpdvTjho!Fowfmpqf!JE;!ED64EEGG.2G1:.5:C6.C4CB.73549671:658 Cspxbse!Tifsjgg(t!PggjdfCje!2:142NGX REQUEST FOR A JURY TRIAL IN A LAWSUIT ARISING OUT OF THIS AGREEMENT AFTER WRITTEN NOTICE BY THE OTHER PARTY OF VIOLATION OF THIS SECTION, THE PARTY MAKING THE REQUEST FOR JURY TRIAL SHALL BE LIABLE FOR THE REASONABLE ATTORNEYS' FEES AND COSTS OF THE OTHER PARTY IN CONTESTING THE REQUEST FOR JURY TRIAL, AND SUCH AMOUNTS SHALL BE AWARDED BY THE COURT IN ADJUDICATING THE MOTION. CONTRACTOR SHALL SPECIFICALLY BIND ALL SUBCONTRACTORS TO THE PROVISIONS OF THIS AGREEMENT 12.9Attorney's Fees.In the event it shall become necessary for either party to this Agreement to institute legal proceedings against the other party for recovery of any amounts due and owing under this Agreement, then in such event, it is expressly agreed that the prevailingparty in any such action shall be entitled to recover from the non-prevailing party all costs, including reasonable attorney's fees, including those incurred onappeal. 12.10Exhibits.All exhibits attached hereto contain additional terms of this Agreement andare incorporated as if actually set forth herein. Typewritten provisions inserted in this form or attached hereto shall control all printed provisions in conflicttherewith. 12.11Relationship of the Parties.Except as set forth herein, no party to this Agreement shall have any responsibility whatsoever with respect to services provided or contractual obligations assumed by the other party. CONTRACTOR is and shall be in the performance of all work, services, and activities under this Agreement independent, and not an employee, agent, or servant of SHERIFF. All persons engaged in any of the work or services performed pursuant to this Agreement shall at all times and in all places be subject to CONTRACTOR's sole discretion, supervision, and control. CONTRACTOR shall exercise control over the means and manner in which it and its employees perform the work, and in all respects CONTRACTOR's relationship and the relationship of its employees to SHERIFF shall be that of an independent Contractor and not as employees oragents. 12.12No Contingent Fee.CONTRACTOR warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for CONTRACTOR, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for CONTRACTOR any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the making of this Agreement. For the breach or violation of this provision, SHERIFF shall have the right to terminate the Agreement without liability at its discretion, to deduct from the Agreement price or otherwise recover the full amount of such fee, commission, percentage, gift orconsideration. 12.13Compliance with Law.SHERIFF and CONTRACTOR agree to conduct and execute the Project in compliancewithallapplicablelocal,state,andfederallaws,rules,regulations,ordinances,andcodes. 12.14Truth in Negotiating.Execution of this Agreement by CONTRACTOR shall act as the execution of a truth in negotiation certificate stating that wage rates and other factual unit costs supporting the compensation of this Agreement are accurate, complete, and current at the time of contracting. The original Agreement price and any additions thereto shall be adjusted to exclude any significant sums, by which SHERIFF determines the Agreement price was increased due to inaccurate, incomplete, or non-current wage rates and other factual unit costs. All such Agreementadjustments shall be made within one (1) year following the end of thisAgreement. 18 80370312:!22;67!BNq/!:2