Reso 2016-2557 - Laserfiche WebLink

Home Browse Search

Section 7. Merger Clause This Agreement, together with the Exhibits hereto, sets forth the entire agreement between the parties and there are no promises or understandings other than those stated therein. It is further agreed that no modification, amendment or alteration of this Agreement shall be effective unless contained in a written document executed with the same formality and of equal dignity herein. The Exhibits to this Agreement will be deemed to be incorporated by reference as though set forth in full herein. In the event of a conflict or inconsistency between this Agreement and the provisions in the incorporated Exhibits, then this Agreement will prevail. Section 8. Counterparts Clause This Agreement may be executed in counterparts and facsimiles shall constitute best evidence for all purposes. Section 9. Most Favored Nation Should the School Board enter into an agreement with another municipality, similar in nature to this Agreement, which provides more beneficial terms than those agreed to herein, the School Board shall offer the same terms to the City. Section 10. Assignment Neither party hereto may assign this agreement without the prior written consent of the other party hereto. Section 11. Governing Law; Compliance with Laws This Agreement will be interpreted and enforced in accordance with Florida law. The Parties agree that they shall comply with all applicable laws, ordinances and codes of all applicable governmental authorities. To the extent this Agreement conflicts with said laws, rules, ordinances or codes, said laws, rules, ordinances and codes shall prevail. Section 12. Indemnification Subject to the limitations of Florida Statute 768.28, the School Board agrees to indemnify and hold harmless the City from and against any and all claims, suits, actions, damages, or causes of action arising out of the negligent acts of the School Board arising out of or in connection with the provisions of this agreement. Subject to the limitations of Florida Statute 768.28, the City agrees to indemnify and hold harmless the School Board from and against any and all claims, suits, actions, damages, or causes of action arising out of the negligent acts of the City arising out of or in connection with the provisions of this agreement. Section 13. Enforcement of Agreement; Venue In the event that either Party is required to enforce this Agreement by court proceedings or otherwise, then the Parties agree that each Party shall be responsible for all 5