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4 . 6 . In the event of termination of this Agreement, the Contractor agrees to provide <br /> copies of any and all documents prepared by the Contractor for the County in connection <br /> with this Agreement. <br /> 5. INDEPENDENT CONTRACTOR . It is specifically acknowledged and agreed by the <br /> parties hereto that the Contractor is and shall be, in the performance of all Services and <br /> activities under this Agreement, an independent contractor, and not an employee , agent, <br /> or servant of the County. All persons engaged in any of the Services performed pursuant <br /> to this Agreement shall at all times, and in all places, be subject to the Contractor' s sole <br /> direction , supervision , and control , The Contractor shall exercise control over the means <br /> and manner in which Contractor and its employees perform the Services , and in all <br /> respects the Contractor's relationship and the relationship of its employees to the County <br /> shall be that of an independent contractor performing solely under the terms of the <br /> Agreement and not as employees, agents , or servants of the County. <br /> 6 . 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 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 Contractor and the County. <br /> 7 . GOVERNING LAW; VENUE . This Agreement, including all attachments hereto, shall <br /> be construed according to the laws of the State of Florida. Venue for any lawsuit brought <br /> by either party against the other party or otherwise arising out of this Agreement shall be in <br /> Indian River County, Florida , or, in the event of federal jurisdiction , in the United States <br /> District Court for the Southern District of Florida . <br /> 8 . REMEDIES : NO WAIVER. All remedies provided in this Agreement shall be deemed <br /> cumulative and additional , and not in lieu or exclusive of each other or of any other remedy <br /> available to either party, at law or in equity. Each right, power and remedy of the parties <br /> provided in this Agreement shall be cumulative and concurrent and shall be in addition to <br /> every other right, power or remedy provided for in this Agreement or now or hereafter <br /> existing at law or in equity or by statute or otherwise. The failure of either party to insist <br /> upon compliance by the other party with any obligation , or exercise any remedy, does not <br /> waive the right to do so in the event of a continuing or subsequent delinquency or default. <br /> A party' s waiver of one or more defaults does not constitute a waver of any other <br /> delinquency or default. If any legal action or other proceeding is brought for the <br /> enforcement of this Agreement or because of an alleged dispute, breach , default, or <br /> misrepresentation in connection with any provisions of this Agreement, each party shall <br /> bear its own costs . <br /> 9. SEVERABILITY. If any term or provision of this Agreement, or the application thereof <br /> to any person or circumstance shall , to any extent, be held invalid or unenforceable for the <br /> 3 <br />