Reso 2017-2707 - Laserfiche WebLink

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• • NPDES MS4 Permit have not been rendered by the COUNTY. Upon termination by any party, the NPDES MS4 Operating Permit status of that party shall be the sole responsibility of that party. • In the event of termination by a CO-PERMITTEE, that CO-PERMITTEE shall owe the COUNTY • for all services rendered or performed by the COUNTY, including those which had not yet been invoiced or billed to the CO-PERMITTEE. Upon receiving invoice from the COUNTY for such services, the CO-PERMITTEE shall promptly pay the COUNTY in full, no later than thirty (30) days from receipt of invoice. 8. Entire Agreement; Prior Agreements Superseded; Amendment to Agreement This Agreement incorporates and includes all prior •negotiations, correspondence, conversations, agreements, and understandings applicable• to the matters -contained herein. The parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this Agreement that are not.contained in this Agreement, and that this Agreement contains the entire agreement between the parties as to matters contained herein. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. It is further agreed that any oral representations or modifications concerning this Agreement shall be of no force or effect, and that this Agreement may be modified, altered or amended only by a written amendment duly executed by the parties hereto or their representatives. 9. Headings Captions and headings in this Agreement are for ease of reference only and do not constitute a part of this Agreement and shall not affect the meaning or interpretation of any provisions herein. 10. Notices and Approval Notices and approvals required or contemplated by this Agreement shall be written and personally served or mailed, registered or certified United States mail, with return receipt requested, addressed to the parties listed in Section I of this Agreement. • 11. Performance by Parties Except as otherwise provided in this Agreement, in the event of any dispute arising over the provisions of this Agreement, the parties shall proceed with the timely performance of their obligations during the pendency of any legal or other similar proceedings to resolve such dispute. 12. Rights of Others Nothing in the Agreement express or implied is intended to confer upon any person other than the parties hereto any rights or remedies under or by reason of this Agreement. 13. Time is of Essence It is mutually agreed that time is of the essence in the performance of all terms and conditions to be met and performed pursuant to this Agreement. 14. Governing Law This Agreement shall be governed by and construed in accordance with the laws of • the State of Florida and the United States. The COUNTY and the CO-PERMITTEE agree to submit to service of process and jurisdiction of the State of Florida for any controversy or claim arising out of or relating to this Agreement or a breach of this Agreement. Venue for any court action between the parties for any such controversy arising from or related to this Agreement shall be in the Eleventh . Judicial Circuit in and for Miami-Dade County, Florida, or in the United States District Court for the Southern District of Florida, in Miami-Dade County, Florida. - • 15. Severability The invalidity of one or more of the phrases, sentences, clauses, or Sections contained in this Agreement shall not affect the validity of the remaining portion of the Agreement, provided the material purposes of this Agreement can be determined and effectuated. 6 •