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09 / 04 / 20UB lb :Z4 b41 - I / b - b31d IMU UI1Ll I lcz + i <br /> Commissioners. Promptly upon County' s receipt of such funds , the County shall deposit <br /> the check and make payment under the pay requests to Derrico and the purchase order to <br /> the material suppliers . The County shall provide copies of the County checks and <br /> disbursements to Derrico and the material suppliers . <br /> S . The Owner acknowledges that the County is affording economies of scale to <br /> Owner by structuring the required water facility construction as set forth herein and, <br /> therefore, Owner acknowledges the obligation to promptly review and pay all such pay <br /> requests, pre-paid application fee , and invoices. <br /> 6 . The Owner acknowledges and agrees that it has the present ability to obtain <br /> a loan to provide payment of all of the amounts set forth in this Agreement. <br /> 7 . Merger: Modification, This Agreement incorporates and includes all prior <br /> and contemporaneous negotiations , correspondence, conversations , agreements or <br /> understandings applicable to the matters contained herein and the parties agree that there <br /> are no commitments , agreements , or understandings of any nature whatsoever concerning <br /> the subject matter hereof that are not contained in this document . Accordingly, It is agreed <br /> that no deviation from the terms hereof shall be predicated upon any prior or <br /> contemporaneous representations or agreements , whether oral or written . No alteration , <br /> change, or modification of the terms of this Agreement shall be valid unless made in <br /> writing and signed by the Owner and the County. <br /> 9 . G vemin w' Venue. This Agreement, including all attachments hereto, <br /> shall be construed according to the laws of the State of Florida. Venue for any lawsuit <br /> brought by either party against the other party or otherwise arising out of this Agreement <br /> shall be in Indian River County, Florida, or, in the event of federal jurisdiction , in the United <br /> States District Court for the Southern District of Florida . <br /> 10 . Severabili . 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 unenforceable <br /> for the remainder of this Agreement, then the application of such term or provision to <br /> persons or circumstances other than those as to which it is held invalid or unenforceable <br /> shall not be affected , and every other term and provision of this Agreement shall be <br /> deemed valid and enforceable to the extent permitted by law . <br /> 11 . Availability of Funds . The obligations of the County under this Agreement <br /> are subject to the availability of funds lawfully appropriated for its purpose by the Board of <br /> County Commissioners of Indian River County. <br /> 12 . No Pledge of Credit. The Owner shall not pledge the County's credit or <br /> make it a guarantor of payment or surety for any contract, debt , obligation , judgment , lien , <br /> or any form of indebtedness . <br /> 13 . Counterparts . This Agreement may be executed in one or more <br /> counterparts , each of which shall be deemed to be an original copy and all of which shall <br /> constitute but one and the same instrument. <br /> 2 <br />