Laserfiche WebLink
<br />Section 16. Disclaimer of Association. <br /> <br />This contract shall not be construed as creating a partnership, joint venture, agency or any other <br />association which would impose upon one party liability for the acts or omission of the other, and <br />neither party shall have the right to bind the other. <br /> <br />Section 17. No Waiver. <br /> <br />Any failure by either party hereto to enforce at any time any term or condition under this contract <br />shall not be considered a waiver of that party's right thereafter to enforce each and every term <br />and condition of this contract. <br /> <br />Section 18. Governing Law and Dispute Resolution. <br /> <br />The parties mutually agree to seek mediation as the preferred alternative of dispute resolution in <br />the event of any disagreement over the terms of this contract. The validity of this Agreement and <br />the interpretation and performance of all of its terms shall be construed and enforced in <br />accordance with the laws of the State of Florida. The location of any action or proceeding <br />commenced under or pursuant to this Agreement shall be in Miami-Dade County, in the State of <br />Florida. <br /> <br />Section 19. Entire Contract; Amendment. <br /> <br />This contract shall constitute the entire contract between GCP and the Municipality for the <br />services described hereunder; and it shall not be amended, altered or changed, except by a written <br />amendment signed by both parties hereto or by Change Order as set forth in Section 13. In no <br />event shall transactions hereunder be subject to any affirmation of fact or promise which relates <br />to the application, performance or description of the services unless such affirmation of fact or <br />promise is in writing and signed by both parties, Any terms and conditions of any purchase order <br />or other form or document issued by the Municipality, irrespective of their materiality, which are <br />either different from, or additional to, the terms and conditions expressed herein are objected to <br />and are excluded unless expressly agreed to in writing by GCP. <br /> <br />Section 20. Mutual Contract. <br /> <br />This contract embodies the arm's-length negotiation and mutual contract between the parties <br />hereto and shall not be construed against any party as having been drafted by it. <br /> <br />Section 21. Counterparts. <br /> <br />This contract may be executed in one or more counterparts, each of which shall be deemed an <br />original, but all of which together shall constitute one and the same contract. <br /> <br />Section 22. Effectiveness; Binding Effect. <br /> <br />This contract shall become effective as to each party hereto when and only when this contract <br />shall have been executed by such party; provided, however, that this contract shall be null and <br />void ab initio as to each party hereto in the event that both parties hereto shall not have executed <br /> <br />General Code Publisher Contract with Sunny Isles Beach 8 <br />