Common use of Scrutinized Companies – Termination by the Department Clause in Contracts

Scrutinized Companies – Termination by the Department. The Department may, at its option, terminate the Contract if the Contractor is found to have submitted a false certification as provided under section 287.135(5), F.S., or been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, or to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel. Notwithstanding the foregoing, the Parties are aware of the Eleventh Circuit Court’s decision in Odbrecht Constr. v. Sec’y, Fla. DOT, 715 F.3d 1268 (11th Cir. Fla. 2013), and agree that the provisions of sections 287.135(1)-(5), F.S., pertaining to a company engaged in business operations in Cuba or Syria shall not apply to this contract unless and until the Eleventh Circuit Court’s decision in Odebrecht Constr. v. Sec’y, Xxx.XXX, 715 F.3d 1268 (11th Cir. Fla. 2013) is overturned.

Scrutinized Companies – Termination by the Department. The Department may, at its option, terminate the Contract if the Contractor is found to have submitted a false certification as provided under section 287.135(5), F.S., or been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, or to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel. Notwithstanding the foregoing, the Parties are aware of the Eleventh Circuit Court’s decision in Odbrecht Constr. v. Sec’y, Fla. DOT, 715 F.3d 1268 (11th Cir. Fla. 2013), and agree that the provisions of sections 287.135(1)-(5), F.S., pertaining to a company engaged in business operations in Cuba or Syria shall not apply to this contract Contract unless and until the Eleventh Circuit Court’s decision in Odebrecht Constr. v. Sec’y, Xxx.XXX, 715 F.3d 1268 (11th Cir. Fla. 2013) is overturned.