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City of Casselberry I Procurement and Contract Management Division <br />95 Triplet Lake Drive, Casselberry, Florida 32707 <br />Phone: 407-262-7700, Ext. 1142 1 procurement(aD-casselberry. orq <br />RFP -2020-0628 Towing Services - Citywide <br />SECTION 28 SOVEREIGN IMMUNITY <br />Notwithstanding any other provision set forth in this Agreement, nothing contained in this Agreement shall be <br />construed as a waiver of the CITY's right of sovereign immunity under Section 768.28, F.S., or other limitations <br />imposed on the CITY's potential liability under state or federal law. The CITY shall not be liable under this <br />Agreement for punitive damages or interest for the period before judgment. Further, the CITY is not liable for <br />any claim or judgment or portion thereof, to any one person for more than two hundred thousand dollars <br />($200,000.00), or any claim or judgment, or portion thereof, which, when totaled with all other claims or <br />judgments paid by the CITY arising out of the same incident or occurrence, exceeds the sum of three hundred <br />thousand dollars ($300,000.00). This paragraph will survive termination of this Agreement. <br />SECTION 29 COURT ACTIONS/CHOICE OF LAW <br />Except as expressly prohibited by law: <br />A. All legal actions hereunder shall be conducted only in the circuit court in Seminole County or federal <br />court in the Middle District of Florida; except that any final judgment may be enforced in other <br />jurisdictions in any manner provided by law; <br />B. The parties unequivocally waive any right to a jury trial, and agree that all legal actions shall be tried, <br />both as to factual and legal issues, only to the Court; and <br />C. The laws of the State of Florida shall govern this Agreement and the Agreement will be interpreted <br />according to the laws of Florida. <br />SECTION 30 OPEN <br />SECTION 31 BINDING EFFECT <br />This Agreement shall be binding upon and ensure to the benefit of the parties hereto, their heirs, personal <br />representatives, successors, and/or assigns. <br />SECTION 32 ASSIGNMENT <br />Exceptas prohibited by applicable law, neither party shall assign any or all of its benefits or executory obligations <br />under this Agreement without the approval of the other party, except in case of assignment solely for security, <br />except as otherwise specifically provided for in this Agreement in case of default. <br />SECTION 33 AGREEMENT USE BY OTHER GOVERNMENTAL AGENCIES <br />The CONTRACTOR hereby understands and agrees that this Agreement may be used by other governmental <br />agencies within the State of Florida, under the same terms, conditions, price, and for the same effective period. <br />Each governmental agency desiring to accept this Agreement, and make an award thereof, shall do so <br />independently of the CITY and/or any other governmental agency. Each governmental agency shall be <br />responsible forits own purchases and each shall be liable only formaterials and/or services ordered and received <br />by it, and no governmental agency assumes any liability by virtue of this Agreement. This Agreement in no way <br />restricts or interferes with the right of the CITY or any governmental agency to competitively procure any or all <br />items. <br />PUR-F-405 $ 3/2020 <br />