05-1584 SJRWMD Agreement - Laserfiche WebLink

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Contract #S136213 G. Release of Information. Records of City that are made or received in the course of performance of the Work may be public records that are subject to the requirements of Chapter 119, Fla. Stat. In the event City receives a request for any such records, City shall notifY the District's project manager within three (3) workdays of receipt of such request and prior to the release of any information. Nor shall City publish or release any information related to performance of this Agreement, or prepare, publish, or release any news or press release in any way related to this Agreement, without prior District review and the District's written consent. Each party reserves the right to cancel this Agreement for refusal by the other party to allow public access to all documents, papers, letters, or other materia] related hereto and subject to the provisions of Chapter 119, Fla. Stat., as amended. H. Rovalties and Patents. Unless expressly provided otherwise herein, City shall pay all royalties and patent and license fees necessary for performance of the Work and shall defend all suits or claims for infringement of any patent rights and save and hold the District harmless from loss on account thereof, provided, however, that the District shall be responsible for all such loss when the utilization of a particular process or the product of a particular manufacturer is specified by the District. If City at any time has information that the process or article so specified is an infringement of a patent, it shall be responsible for such loss unless it promptly provides such information to the District. City hereby certifies to the District, to the best of it's knowledge, that the Work to be performed pursuant to this Agreement does not and will not infringe on any patent rights. I. Governinl! Law. This Agreement shall be construed and interpreted according to the laws of the state of Florida. J. Venue. In the event of any legal proceedings arising from or related to this Agreement, venue for such proceedings, if in state court, shall be in Duval County, Florida, and if in federal court, shall be in the Middle District of Florida, Jacksonville Division. K. Attornev's Fees. In the event of any legal or administrative proceedings arising from or related to this Agreement, including appeals, each party shall bear its own attorney's fees. L. Conflictiul! Provisions. If any provision hereof is found to be in conflict with the General Conditions, Special Conditions, or any attachments hereto, the terms in the body of this Agreement shall prevail. M. Waiver of Ril!ht to Jurv Trial. In the event of any civil proceedings arising from or related to this Agreement, City hereby consents to trial by the court and waives its right to seek a jury trial in such proceedings, provided, however, that the parties may mutually agree to a jury trial. N. Construction of Al!reement. This Agreement shall not be construed more strictly against one party than against the other merely by virtue of the fact that it may have been prepared by counsel for one of the parties, it being recognized that both parties, have contributed substantially and materially to the preparation hereof. O. Entire Ál!reement. This Agreement, upon execution by City and the District, constitutes the entire agreement of the parties. The parties are not bound by any stipulations, representations, agreements, or promises, oral or otherwise, not printed or inserted herein. City agrees that no representations have been made by the District to induce City to enter into this Agreement other Page 8 of 14