Unimark EC3000 Series Spezifikationen PDF herunterladen (Seite 52)

AIMS System and Services Agreement Page 52 of 60

20.25 Compliance with Laws. Throughout the term of the System Agreement, the

Contractor shall keep fully informed of all federal, state, County and local laws,

ordinances, codes, rules, and regulations, and all orders and decrees of bodies

or tribunals having jurisdiction or authority which, in any manner, affect work

authorized under the terms of the System Agreement, and shall further take into

account all known pending changes to the foregoing. The Contractor shall at all

times observe and comply with all such laws, ordinances, codes, rules,

regulations, orders, and decrees in performing its duties, responsibilities, and

obligations related to the System Agreement.

20.26 Agreement Severable; Waiver of Breach and Materiality.

20.26.1 In the event the System Agreement or a portion thereof is found by a

court of competent jurisdiction to be invalid, the remaining provisions

shall continue to be effective, unless County or Contractor elects to

terminate the System Agreement. Any election to terminate the

System Agreement based upon this provision shall be made within

seven (7) calendar days after the finding by the court becomes final.

20.26.2 Failure by County to enforce any provision of the System Agreement

shall not be deemed a waiver of such provision or modification of the

System Agreement. A waiver of any breach of a provision of the

System Agreement shall not be deemed a waiver of any subsequent

breach and shall not be construed to be a modification of the terms of

the System Agreement.

20.26.3 County and Contractor agree that each requirement, duty, and

obligation set forth herein is substantial and important to the formation

of the System Agreement and, therefore, is a material term hereof.

20.27 Joint Preparation. The parties acknowledge that they have sought and received

whatever competent advice and counsel necessary for them to form a full and

complete understanding of all rights and obligations herein and that the

preparation of the System Agreement has been their joint effort. The language

agreed to expresses their mutual intent and the resulting document shall not,

solely as a matter of judicial construction, be construed more severely against

one of the parties than any other.

20.28 No Interest. Unless required by the Broward County Prompt Payment

Ordinance, any monies which are the subject of a dispute regarding the System

Agreement and which are not paid by County when claimed to be due shall not

be subject to interest. All requirements inconsistent with this provision are

hereby waived by Contractor.

20.29 References to County. Contractor agrees that during the term of the System

Agreement, Contractor may not reference County in Contractor’s Web site,

Exhibit 3

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Unimark EC3000 Series Spezifikationen Seite 52