Reso 2006-898 - Laserfiche WebLink

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(f) LOGISTICARE warrants and represents that it is in full compliance with all applicable laws and regulations on the date of execution and throughout the Term of this Agreement. (g) LOGISTICARE fUl1her warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this Agreement. 8. REPRESENTATIONS, WARRANTIES AND COVENANTS OF THE CITY. 8.01 The CITY hereby represents, warrants and covenants during the Term of this Agreement as follows: (a) The CITY is duly organized, validly existing and in good standing under the laws of the State of Florida and has all requisite power to conduct its business as presently conducted. (b) The CITY's execution, delivery and performance of this Agreement has been duly authorized by the CITY Commission. This Agreement has been duly executed and delivered by it and constitutes a valid and binding obligation enforceable against it in accordance with its terms. 9. MISCELLANEOUS. 9.01 Entire Agreement; Waiver. This Agreement contains the entire understanding of the PARTIES and merges and supersedes any prior or contemporaneous agreements between the PARTIES relating to this Agreement's subject matter. This Agreement may not be modified or terminated orally, and no modification, termination or attempted waiver of any of the provisions shall be binding unless in writing and signed by the patty against whom it is sought to be enforced. Failure of a party to enforce one or more of the provisions of this Agreement or to require at any time performance of any of the obligations under this Agreement shall not be construed to be a waiver of any provision by a party nor in any way affect the validity of this Agreement, a party's right to enforce any provision of this Agreement, or preclude a party from taking any other action at any time which it would legally be entitled to take. 9.02 Construction. This Agreement shall be interpreted without regard to any presumption or other rule requiring construction against the party causing this Agreement to be drafted, including any presumption of superior knowledge or responsibility based upon a party's business or profession or any other professional training, experience, education or degrees of any member, agent, officer, or employee of any party. 9.03 Sever'ability. The invalidity or unenforceability of anyone or more of the words, phrases, sentences, clauses, or sections contained in this Agreement shall not affect the 7 S/6