Reso 2000-197 - Laserfiche WebLink

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( GENERAL PROVISIONS 1. APPROPRIATION: In accordance with Sections 216.311 and 287.0582, Florida Statutes, DABrs performance and obligation to pay under this contr~t is contingent upon an appropriation by the Florida Legislature. ;' .. 2. AUDIT: All invoices shall be submitted by the CONTRACTOR to DABT with sufficient detail for a proper pre-audit or post-audit. Any costs included on the Cost Summary which are not included in the Unit cost shall be pre-approved by the Administrator of the Enforcement Section of the Office of Tobacco Control and be supported by appropriate documentation such as receipts, invoices or affidavits. 3. CANCELLATION: This contract may be terminated by either party with or without cause, by giving written notice to the other party. Such notice shall be sufficient if it is delivered to the party personally, sent by facsimile, or delivered by U.S. Mail. In case of cancellation, only tlie costs actually accrued for services satisfactorily performed prior to the date of cancellation shall be due and payable, and all work in progress shall remain the property of DABT and shall be delivered to DABT. 4. ENTIRE AGREEMENT: This contract, with the attached Affidavit of Costs and its Statement of Work Addendum, constitutes the entire agreement of the parties. No other agreement or modification to this contract, expressed or implied, shall be binding on either party unless same is in writing and signed or initialed by both parties. This agreement may not be orally modified. Any modification beyond initialed changes in the body of this contract must be in writing, expressly titled a modification, amendment, or addendum to this contract, attached to this contract, and signed by both parties. 5. FORCE MAJEURE: Neither party shall be liable for loss or damage suffered as a result of any delay or failure in performance under this contract or interruption of performance resulting directly or indirectly from acts of God, civil or military authority, acts of public enemy, war, riots, civil disturbances, insurrections, . accidents, fire, explosions, floods, water, wind, lightning strikes or labor disputes to the extent such events are beyond the reasonable control of the party claiming excuse from liability resulting therefrom. If a "force majeure event" does occur, the parties agree to negotiate an extension of the contract as appropriate, provided such extension does not authorize the provision of contractual services beyond June 30, 2000. 6. LIABILITY: Each agency shall bear the liability arising from aets 5