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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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7.8 This Agreement and the provisions contained herein shall be construed, <br /> controlled and interpreted according to the laws of the State of Florida, and all duly <br /> adopted ordinances, regulations and policies of the City now in effect and those <br /> hereinafter adopted. The location for settlement of any and all claims, controversies or <br /> disputes arising out of or relating to any part of this Agreement or any breach thereof shall <br /> be Pasco County, Florida. <br /> ARTICLE Vill. TERMINATION <br /> 8.1 If the project is abandoned for more than ten (10) days by the Contractor <br /> without prior written change order or notice to the City, this Agreement may be terminate <br /> by the City upon ten (10)days written notice to the Contractor. If sul,ch termination occurs, <br /> the City shall pay the Contractor for the work completed. <br /> 8.2 If the Contractor defaults or persistently fails or neglects to carry out the <br /> work in accordance with the Contract Documents or fails to perform the provisions of this <br /> Agreement, the City may give written notice that the City intends to terminate this <br /> Agreement. If the Contractor fails to correct the default,failure or neglect within fourteen <br /> (14) calendar days after receipt of notice, the City may, without prejudice to any other <br /> remedy, terminate the employment of the Contractor and finish the work by whatever <br /> method the City may deem expedient. <br /> 8.3 If the unpaid balance of the contract sum exceeds the expense of finishing <br /> the work and any and all damages or related costs incurred by the City, such excess shall <br /> be paid to the Contractor based upon work completed sufficiently to the date of the <br /> termination. If the expense of completing the work and all damages incurred by the City <br /> exceeds the unpaid balance, then the Contractor shall pay the difference to the City. This <br /> obligation for payment shall survive termination of this Agreement., <br /> ARTICLE IX. MISCELLANEOUS <br /> 9.1 If the Contractor is not satisfied with the written decision of the City on any <br /> timely-made claim, he may, within sixty (60) days after receipt of',such written decision, <br /> file an appropriate civil action against the City in a court of competent jurisdiction for a <br /> judicial determination of such claim. Any litigation between the parties, whether arising <br /> out of any claim or arising out of the Contract Documents or any breach thereof, shall be <br /> brought, maintained and pursued only in the appropriate state courts of the State of <br /> Florida. Venue of any such litigation between the parties shall lie only in the Circuit Court <br /> of Pasco County, Florida. Failure to timely file such civil action within said sixty(60) day <br /> period shall conclusively constitute a waiver of such claim and of any judicial proceedings <br /> on such claim, and the written decision of the City shall then be binding on the Contractor. <br /> The Contractor shall proceed with the work at all times during the pendency of any such <br /> civil action. The prevailing party in any litigation will pay all costs and attorney's fees. <br />
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