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2017 028 Ordinance
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2017 028 Ordinance
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Last modified
11/19/2018 4:11:38 PM
Creation date
9/11/2018 5:42:01 AM
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Template:
Legislation-Meeting Minutes
Document Type
Ordinance
Number
028
Date
6/19/2017
Year
2017
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7. The County reserves the right to require insurance coverages in various amounts <br />or to modify or waive insurance requirements on a case-by-case basis whenever it is <br />determined to be in the best interest of the County. <br />8. Where coverages are made on a claims made basis the claims-made retroactive <br />date on the policy shall be prior to the commencement of professional activity related <br />to this Agreement. <br />9. The Organization shall furnish a Worker's Compensation Certificate and <br />Certificate of Insurance evidencing the insurance coverages required herein are in <br />full force and effect. Acceptance of anon-conforming certificate of insurance by the <br />County shall not constitute a waiver of any rights of the parties under this <br />Agreement. <br />10. If Organization is a political subdivision, it may provide the insurance required <br />hereunder by participating in aself-insurance program with sufficient limits. In such <br />event, the County will require confirmation of Organization's self-insured status. <br />ITEM XXV -MISCELLANEOUS <br />A. Governing law and Jurisdiction. This Agreement shall be governed by and <br />construed under the laws of the State of Ohio without regard to conflicts of law <br />provisions. The parties agree that the state -and federal courts sitting in <br />Cuyahoga County, Ohio will have exclusive jurisdiction over any claim arising <br />out of this Agreement, and each party consents to the exclusive jurisdiction of <br />such courts. Organization hereby agrees not to challenge this Governing Law <br />and Jurisdiction provision, and not to attempt to remove any legal action outside <br />of County for any reason. All contracts in which the County is a party, including <br />this Agreement, are subject to the Cuyahoga County Code, including, but not <br />limited to, Title 4 pertaining to the Cuyahoga County Ethics and Title 5 <br />Contracting and Purchasing, and the Parties agree to comply with the County <br />Code as an integral part of this Agreement. The County Code is available on the <br />County Council's web site at http://council.cuyahoaacounty.us/. <br />B. Findings for Recovery. Organization represents and warrants that it is not <br />subject to an "unresolved" finding for recovery under Ohio Revised Code Section <br />9.24. If this representation and warranty is deemed false, this Agreement is void <br />ab initio, and Organization must immediately repay to County any funds paid <br />under this Agreement and must make County whole for any damages sustained <br />by County. <br />D. Agreement to Remain in Compliance with Certifications, Representations, <br />and Warranties as Continuing CommitmentsNerification. Organization shall <br />ensure that all of its certifications, representations, and warranties under this <br />_ _ Agreement shall remain true throughout the duration of the Agreement as if they <br />are continuing commitments. At its sole discretion, the County has the <br />ii <br />
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