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' S <br /> 11.0 INDEPENDENT CAPACITY OF THE CLOSING FUND AWARDEE: The <br /> parties agree that the Closing Fund Awardee, its officers, directors, agents, and employees, in <br /> performance of this Agreement, will act in the capacity of an independent contractor and not as <br /> an officer, employee, or agent of the County. The Closing Fund Awardee is not entitled to <br /> accrue any benefits of County employment, including retirement benefits and any other rights <br /> or privileges connected with employment. The Closing Fund Awardee agrees to take such <br /> steps as may be necessary to ensure that each subcontractor of the Closing Fund Awardee will <br /> be deemed to be an independent contractor and will not be considered or permitted to be an <br /> agent of the County. <br /> The Closing Fund Awardee has no authority to, and shall not pledge the County's credit <br /> or make County a guarantor of payment or surety for any contract, debt, obligation, judgment <br /> lien, or any form of indebtedness. <br /> 12.0 LEGAL REQUIREMENTS : <br /> (a) This Agreement is executed and entered into in the State of Florida, and <br /> will be construed, performed, and enforced in all respects in strict conformity with local, state, <br /> and federal laws, rules, and regulations. Both parties agree to abide by all applicable laws in <br /> the performance of this Agreement. Each party will perform its obligations in accordance with <br /> the terms and conditions of this Agreement. Any and all litigation arising under this <br /> Agreement shall be brought in the appropriate Circuit Court in Indian River County, Florida, <br /> applying Florida law. <br /> 13745/01/00234567.DOCv5 } <br /> 17 <br />