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20-22438
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2020
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20-22438
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Last modified
5/12/2021 11:50:56 AM
Creation date
5/12/2021 11:50:55 AM
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Building Department
Company Name
CITY OF ZEPHYRHILLS
Building Department - Doc Type
Permit
Permit #
20-22438
Building Department - Name
CITY OF ZEPHYRHILLS LS #6
Address
5335 8TH ST
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case, the parties to this agreement agree that venue and jurisdiction shall be vested solely <br /> in a court of competent jurisdiction sifting in Pasco County, Florida, and the party <br /> prevailing or substantially prevailing in such litigation shall reimburse the other party for <br /> its attorney's fees (including in-house attorney's fees at a reasonable rate commensurate <br /> with industry standards for the private sector)incurred in connection with such litigation. <br /> 7.2 A claim is a demand or assertion by one of the parties seeking, as a matter <br /> of right, adjustment or interpretation of the terms of the Contract Documents, payment of <br /> money, extension of time or other relief with respect to the terms of the Contract <br /> Documents. The term "claim" also includes all other disputes and matters in question <br /> between any of the parties arising out of or relating to the Contract Documents. Claims <br /> must be made by written notice. The responsibility to substantiate a claim shall rest with <br /> the party making the claim. <br /> 7.3 The Contractor shall carry on the work and maintain the substantial <br /> completion date during any dispute proceedings and the City shall continue to make <br /> payments, excluding final payment, in accordance with the Contract Documents. <br /> 7.4 If the Contractor wishes to make a claim, he shall give the City written notice <br /> thereof within seven (7) calendar days after the Contractor ha's knowledge of the event <br /> giving rise to such claim. The Contractor understands and agrees that the failure to <br /> present any claim arising under this Agreement within the time period specified above <br /> shall constitute final waiver and abandonment of the Contractor's right to pursue such <br /> claim by either legal or equitable proceedings. <br /> 7.5 All claims shall: (1) be set forth in a petition addressed to the City; (2) shall <br /> include a concise statement of the ultimate facts, including a statement of all disputed <br /> issues of material fact, upon which the claim is based; (3) shall include a concise <br /> statement of the provisions of the Agreement, together with any federal, state and local <br /> laws, ordinances or code requirements or customary practices and usages in the trade or <br /> profession asserted to be applicable to the issues presented by the claim; and (4) shall <br /> provide a specific demand for any relief to which the Contractor claims to be entitled. <br /> 7.6 The City shall, after receipt of all requested and/or pertinent information and <br /> documents from the Contractor, render a written decision regarding the claim within <br /> fourteen (14) days after the submittal of the Contractor. <br /> 7.7 The making of final payment shall not constitute a waiver of any claims by <br /> the City. Acceptance of final payment by the contractor shall constitute a waiver of all <br /> claims by the Contractor except those: (1) previously and timely made in writing, (2) <br /> identified in writing by the Contractor at the time of final application for payment; and (3) <br /> otherwise made in full compliance with the terms and conditions of the Contract <br /> Documents. <br /> -7- <br />
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