AIMS System and Services Agreement Page 48 of 60
20.13 Drug-Free Workplace. It is a requirement of County that it enter into contracts
only with firms that certify the establishment of a drug-free work place in
accordance with Chapter 21.31(a) of the Broward County Procurement Code.
Execution of the System Agreement by Contractor shall serve as Contractor's
required certification that it either has or that it will establish a drug-free work
place in accordance with Chapter 21.31(a) of the Broward County Procurement
Code and will continue to maintain same during the term of the System
Agreement.
20.14 Certain Additional Provisions Pertaining To Airport Projects. Contractor
agrees to abide by the provisions pertaining to airport projects set forth on
Attachment II, attached hereto and made a part hereof.
20 .15 Assignment and Subcontract.
20.15.1 County's Limited Right to Transfer. County may, upon prior written
notice to Contractor, assign this System Agreement to a surviving
governmental entity in the event of any change in the manner or form
by which County is organized. Otherwise, without the prior written
consent of Contractor, the County's rights to any licensed programs or
materials shall not be assigned, licensed, or otherwise transferred,
voluntarily or otherwise, by the County, provided that such consent
shall not be unreasonably withheld. Any such assignee must agree in
writing to be bound by all of the terms and conditions of the System
Agreement before any such assignment is effected.
20.15.2 Contractor's Right to Assign. Upon prior written notice to County,
Contractor may assign the System Agreement to an affiliate in
connection with a corporate reorganization. Otherwise, without the
prior written consent of the County, the Contractor shall not assign its
obligations under the System Agreement. The County's Director of
Purchasing is authorized to provide such consent on behalf of the
County.
20.16 Applicable Law, Venue and Waiver of Jury Trial. The System Agreement shall
be interpreted and construed in accordance with and governed by the laws of the
State of Florida. Any controversies or legal problems arising out of the System
Agreement and any action involving the enforcement or interpretation of any
rights hereunder shall be submitted to the jurisdiction of the state courts of the
Seventeenth Judicial Circuit of Broward County, Florida. Venue for litigation
arising out of the System Agreement shall be in such state courts. To encourage
prompt and equitable resolution of any litigation that may arise hereunder, each
party hereby expressly waives any rights it may have to a trial by jury of any civil
litigation related to the System Agreement.
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