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Reso 2001-404
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Reso 2001-404
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Last modified
2/7/2024 2:58:30 PM
Creation date
1/25/2006 1:56:59 PM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2001-404
Date (mm/dd/yyyy)
12/13/2001
Description
– Enter into Highway Landscaping Maintenance Memo of Agmt w/FDOT.
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upon all claims, questions and disputes shall be final and conclusive upon the <br />parties. <br />Hereto. <br />9. This Agreement may not be assigned or transferred by the CITY, in <br />whole or in part without prior written consent of the DEPARTMENT. <br />10. This Agreement shall be governed by, and construed according to the <br />Laws of the State of Florida. In the event of a conflict between any portion of <br />the contract and Florida Law, the laws of Florida shall prevail. <br />11. The parties agree that in the event of any mediation or court <br />proceeding for the enforcement, defense or interpretation of either party's <br />rights under this Agreement, the prevailing party shall be entitled to recover <br />its reasonable attorneys' fees and costs at both the trial and appellate levels. <br />12. If any term, covenant, condition or provision of this Agreement(or <br />the application thereof to any circumstance or person) shall be invalid or <br />unenforceable to any extent, the remaining terms covenants, conditions and <br />provisions of this Agreement shall not be affected thereby; and each remaining <br />term, covenant, condition and provision of this Agreement shall be valid and <br />shall be enforceable to the fullest extent permitted by law unless the <br />enforcement of the remaining terms, covenants, conditions and provisions of this <br />Agreement would prevent the accomplishment of the original intent of the <br />agreement between the parties. <br />13. The parties here by waive trial by jury in any legal proceeding <br />brought with respect to any matter whatsoever arising out of or in any way <br />connected with this Agreement or the relationship of City and the Department. <br />Contract No. AN307 4 <br />Financial No. 413810 1 74 01 <br />
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