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may change its address, for the purposes of this section , by written notice to the other <br /> party given in accordance with the provisions of this section . <br /> 8 . Governing Law: Venue. The validity, interpretation , construction , and effect <br /> of this Agreement shall be in accordance with and governed by the laws of the State of <br /> Florida , only . The location for settlement of any and all claims, controversies , or <br /> disputes , arising out of or relating to any part of this Agreement, or any breach hereof, <br /> as well as any litigation between the parties , shall be Indian River County, Florida for <br /> claims brought in state court, and the Southern District of Florida for those claims <br /> justiciable in federal court. <br /> 9 . Merger modification. This Agreement incorporates and includes all prior and <br /> contemporaneous negotiations, correspondence, conversations, agreements, and <br /> understandings applicable to the matters contained herein and the parties agree that <br /> there are no commitments, agreements, or understandings concerning the subject <br /> matter of this Agreement that are not contained herein . Accordingly, it is agreed that <br /> no deviation from the terms hereof shall be predicated upon any prior representations <br /> or agreements , whether oral or written . It is further agreed that no modification , <br /> amendment, or alteration in the terms and conditions contained herein shall be <br /> effective unless contained in a written document signed by all parties . A party <br /> requesting an amendment to this Agreement must propose such amendment in writing <br /> to the other party at least ninety (90) days prior to the proposed effective date of the <br /> amendment. <br /> 10 . Severability. If any term or provision of this Agreement or the application <br /> thereof to any person or circumstance shall , to any extent, be held invalid or <br /> unenforceable for the remainder of this Agreement, then the application of such term or <br /> provision to persons or circumstances other than those as to which it is held invalid or <br /> unenforceable shall not be affected , and every other term and provision of this <br /> Agreement shall be deemed valid and enforceable to the extent permitted by law. <br /> 11 . Captions: Construction. Captions in this Agreement are included for <br /> convenience only and are not to be considered in any construction or interpretation of <br /> this Agreement or any of its provisions . Unless the context indicates otherwise , words <br /> importing the singular number include the plural number, and vice versa . Words of any <br /> gender include the correlative words of the other genders , unless the sense indicates <br /> otherwise . <br /> 12 . Availability of Funds. The District acknowledges and agrees that the <br /> obligations of the County under this Agreement are subject to the availability of funds <br /> lawfully appropriated for its purpose by the Board of County Commissioners of Indian <br /> River County and to receipt of the Grant Funds . . The County acknowledges and <br /> agrees that the obligations of the District under this Agreement are subject to the <br /> receipt of State and Federal permits for the dredging of the Sebastian Inlet channel <br /> completion project. The District further acknowledges and agrees that this Agreement <br /> is terminable by the County in the event that the County is notified by any agency that <br /> 4 <br />