Okaloosa County BOCC — May 23, 2016 — I. f. Revive Media contract — reading text

The waiver by a party of any breach or default in performance shall not be deemed to constitute a IS waiver of any other or succeeding breach or default. The failure of the County to enforce any of the provisions hereof shall not be construed to be a waiver of the right of the County thereafter to enforce such provisions. D IX. Severability R O If any term or condition of this Contract shall be deemed, by a court having appropriate jurisdiction, invalid or unenforceable, the remainder of the terms and conditions of this Contract -F shall remain in full force and effect. This Contract shall not be more strictly construed against either party hereto by reason of the fact that one party may have drafted or prepared any or all the terms and provisions hereof. AF X. Independent Contractor T Contractor enters into this Contract as, and shall continue to be, an independent contractor. All services shall be performed only by Contractor and Contractor’s employees. Under no R circumstances shall Contractor or any of Contractor’s employees look to the County as his/her employer, or as partner, agent or principal. Neither Contractor, not any of Contractor’s employees, D shall be entitled to any benefits accorded to the County’s employees, including without limitation worker’s compensation, disability insurance, vacation or sick pay. Contractor shall be responsible for providing, at Contractor’s expense, and in Contractor’s name, unemployment, disability, 4 worker’s compensation and other insurance as well as licenses and permits usual and necessary for conducting the services to be provided under this Contract. XI. Taxes & Assessments Contractor agrees to pay all sales, use, or other taxes, assessments and other similar charges when N due now or in the future, required by any local, state or federal law, including but not limited to LY such taxes and assessments as may from time to time be imposed by the County. Contractor further agrees that it shall protect, reimburse and indemnify County from and assume all liability for its tax and assessment obligations under the terms of this Agreement. XII. Entire Contract & Waivers O N This Contract and Exhibit “A” as incorporated herein, contains the entire agreement between the IO parties and supersedes all prior oral or written agreements. Contractor acknowledges that it has not relied upon any statement, representation, prior or contemporaneous written or oral promises, agreements or warranties, except such as are expressed herein. The terms and conditions of this parties. SS Contract can only be amended in writing upon mutual agreement of the parties and signed by both U The waiver by a party of any breach or default in performance shall not be deemed to constitute a waiver of any other or succeeding breach or default. The failure of the County to enforce any of C the provisions hereof shall not be construed to be a waiver of the right of the County thereafter to enforce such provisions. IS D XIII. Third Party Beneficiaries R It is specifically agreed between the parties executing this Contract that it is not intended by any of the provisions of any part of the Contract to create in the public or any member thereof, a third O party beneficiary under this Contract, or to authorize anyone not a party to this Contract to maintain Agreement. -F a suit for personal injuries or property damage pursuant to the terms or provisions of this IN WITNESS WHEREOF, the parties hereto have made and executed this Contract on the AF respective dates under each signature. T R OKALOOSA COUNTY D _____________________________ Charles K Windes, Jr., Chairman Date: ____/_____/_______ 5  ATTEST: ________________________________ J.D. Peacock, II, Clerk and Comptroller CONTRACTOR NLY _______________________________ Vendor/Contractor Representative O Date: ____/_____/_______ N WITNESSES FOR CONTRACTOR IO ________________________________ SS By: U ________________________________ C By: IS D R O -F AF T R D 6