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that of an independent contractor performing solely under the terms of the Agreement
<br /> and not as employees , agents , or servants of the County .
<br /> 8 . MERGER ; MODIFICATION . This Agreement incorporates and includes all prior and
<br /> contemporaneous negotiations , correspondence , conversations , agreements or
<br /> understandings applicable to the matters contained herein and the parties agree that
<br /> there are no commitments , agreements , or understandings of any nature whatsoever
<br /> concerning the subject matter hereof that are not contained in this document .
<br /> Accordingly , it is agreed that no deviation from the terms hereof shall be predicated upon
<br /> any prior or contemporaneous representations or agreements , whether oral or written .
<br /> No alteration , change , or modification of the terms of this Agreement shall be valid
<br /> unless made in writing and signed by the SDIRC and the County .
<br /> 9 , GOVERNING LAW . This Agreement , including all attachments hereto , shall be
<br /> construed according to the laws of the State of Florida .
<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 . AVAILABILITY OF FUNDS ; NO PLEDGE OF CREDIT . The obligations of the
<br /> County under this Agreement are subject to the availability of funds lawfully appropriated
<br /> for its purpose by the Board of County Commissioners of Indian River County .
<br /> 12 , PUBLIC RECORDS . The County and SDIRC shall comply with all applicable
<br /> provisions of Chapter 119 , Florida Statutes ( Public Records Law) , together with all
<br /> provisions of any other applicable Florida law , in connection with this Agreement .
<br /> 13 . NOTICES . Specifically excluding the Search results , any notice , request , demand ,
<br /> consent , approval , or other communication required or permitted by this Agreement shall
<br /> be given or made in writing and shall be served , as elected by the party giving
<br /> such
<br /> notice , by any of the following methods : (a ) Hand delivery to the other party ; ( b ) Delivery
<br /> by commercial overnight courier service ; or ( c) Mailed by registered or certified mail
<br /> ( postage prepaid ) , return receipt requested at the addresses of the parties shown below :
<br /> Indian River County : Attn : Cliff Crawford , Recreation Director, Project Manager 1800
<br /> 27th Street , Vero Beach , FL 32960-3365
<br /> Phone : ( 772 ) 226 - 1726 ; Facsimile : ( 772 ) 978- 1780
<br /> SDIRC : Attn : Dr. Julius Teske , Assistant Superintendent , Project Manager 1990 25th
<br /> Street , Vero Beach , FL 32960 Phone : ( 772 ) 564-3178 , Facsimile : ( 772 ) 564-3049
<br /> Notices shall be effective when received at the address as specified above . Facsimile
<br /> transmission is acceptable notice effective when received , provided , however, that
<br /> facsimile transmissions received ( i . e . , printed ) after 5 : 00 p . m . or on weekends or
<br /> holidays , will be deemed received on the next day that is not a weekend day or a
<br /> holiday . The original of the notice must additionally be mailed . Either party may change
<br /> its address , for the purposes of this section , by written notice to the other party given in
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