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1 , and 2 ( starting with calendar quarter 3 in 2010) . For Phase IV , the four quarterly
<br /> reports are calendar quarters 4 , 1 , 2 , and 3 ( starting with calendar quarter 4 in 2010 ) .
<br /> For Phase V , the four quarterly reports are calendar quarters 1 , 2 , 3 , and 4 (starting
<br /> with calendar quarter 1 in 2011 ) . For Phase VI , the four quarterly reports are calendar
<br /> quarters 2 , 3 , 4 , and 1 (starting with calendar quarter 2 in 2011 ) . For Phase VII , the
<br /> four quarterly reports are calendar quarters 3 , 4 , 1 , and 2 (starting with calendar
<br /> quarter 3 in 2011 ) . For Phase VIII , the four quarterly reports are calendar quarters 4 ,
<br /> 1 , 2 , and 3 (starting with calendar quarter 4 in 2011 ) . For Phase IX, the four quarterly
<br /> reports are calendar quarters 1 , 2 , 3 , and 4 (starting with calendar quarter 1 in 2012 ) .
<br /> 8 . Default , Termination . In the event that the COMPANY defaults in the performance
<br /> of its guarantees and commitments as provided for in this Agreement, the COUNTY
<br /> may , at its option , terminate this Agreement .
<br /> 9 . Indemnification . The COMPANY shall indemnify and save harmless and defend the
<br /> COUNTY, its agents , servants , and employees from and against any and all claims ,
<br /> liabilities , losses , and/or cause of action which may arise from any negligent act or
<br /> omission of the COMPANY , its agents , servants , or employees in the performance of
<br /> services under this Agreement .
<br /> l0 . Forum ; Venue . This Agreement shall be governed by the laws of the State of
<br /> Florida . Any and all legal action necessary to enforce the Agreement will be held in
<br /> Indian River County or the Federal District Court for the Southern District of Florida.
<br /> No remedy herein conferred upon any party is intended to be exclusive of any other
<br /> remedy , and each and every such remedy shall be cumulative and shall be in addition
<br /> to every other remedy given hereunder or now or hereafter existing by law or in
<br /> equity or by statute or otherwise . No single or partial exercise by any party of any
<br /> right, power , or remedy hereunder shall preclude any other or further exercise
<br /> thereof.
<br /> 11 . Lobbyist Certification . The COMPANY warrants that it has not employed or
<br /> retained any company or person , other than a bona fide employee working solely for
<br /> the COMPANY, to solicit or secure this Agreement and that it has not paid or agreed
<br /> to pay any person, company, corporation, individual , or firm , other than a bona fide
<br /> employee working solely for the COMPANY, any fee , commission, percentage, gift,
<br /> or any other consideration contingent upon or resulting from the award or making of
<br /> this Agreement .
<br /> 12 . No Discrimination Certification . The COMPANY warrants and represents that all of
<br /> its employees are treated equally during employment without regard to race , color,
<br /> religion, disability , sex, age , national origin , ancestry, marital status , or sexual
<br /> orientation .
<br /> - 6-
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