Unimark EC3000 Series Especificaciones Pagina 58

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AIMS System and Services Agreement Page 58 of 60
Term under Section 8.2 of the License Agreement. The County shall have no obligation
to make any payments under this System Agreement to the Contractor until a Bond in
amount and form acceptable to the County has been provided to the County by the
Contractor. In the event that the County exercises its option to terminate this System
Agreement for cause then in addition to any other rights and remedies available to the
County at law or in equity, County shall be entitled to draw down upon the Bond and
apply the proceeds of such draw to all fees, damages and amounts secured by the
Bond. Any cancellation of the Bond without the consent of the County Risk
Management Division prior to the aforesaid time period shall be a default of this System
Agreement. At least ninety (90) calendar days prior to the termination or expiration of
the Bond, the bonding company and Contractor shall notify County in writing of such
event. Not less than ninety (90) calendar days prior to any expiration date or termination
date of the Bond, Contractor shall submit evidence in form satisfactory to County that
said Bond has been renewed or replaced.
Each Surety Bond provided hereunder shall be executed by a surety company of
recognized standing authorized to do business in the State of Florida and having been
in business with a record of successful continuous operation for at least five (5) years.
Furthermore, such surety company must have at least a "A-" rating in the latest revision
of Best’s Insurance Report, or such other rating as has been approved by the County
Risk Management Division. In the event of any requirement hereunder that the Bond
amount be adjusted, a Bond in the adjusted amount shall be submitted to the Contract
Administrator no later than twenty (20) calendar days following the effective date of the
requirement for the adjustment. Each Surety Bond shall be in form and substance
satisfactory to the County.
Each Letter of Credit provided hereunder shall be provided by a financial institution of
recognized standing authorized to do business in the State of Florida. Throughout the
term of the Letter of Credit, the financial institution that has issued the Letter of Credit
must maintain a relationship with a financial institution having an office in Broward,
Miami-Dade, or Palm Beach County, Florida at which the Letter of Credit may be
presented for drawing down, and the financial institution that has issued the Letter of
Credit must have been in business with a record of successful continuous operation for
at least five (5) years. Each Letter of Credit shall be in form and substance satisfactory
to the County.
On approval of any contract change increasing the contract price, Contractor shall
ensure that the Bond is increased to reflect the total contract price as increased.
IN WITNESS WHEREOF, the parties have made and executed this System and
Services Agreement on the respective dates under each signature: BROWARD
COUNTY, by and through its BOARD OF COUNTY COMMISSIONERS, signing by and
through its Mayor or Vice Mayor, authorized to execute same by Board action on the
____ day of ________________, 2009, and AIR-TRANSPORT IT SERVICES, INC.,
Contractor, signing by and through its _______________, duly authorized to execute
same.
Exhibit 3
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