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ENGINEER arising out of the work performed or to be performed by the parry <br /> with whom the ENGINEER is contracting hereunder, or any other concerning <br /> parties' agents, affiliates, subsidiaries, or assigns, excepting only such actions, <br /> claims or lawsuits arising out of the gross negligence of the ENGINEER, its <br /> affiliates, subsidiaries, officers and employees. <br /> SECTION XVIII - ENTIRETY OF AGREEMENT <br /> This writing embodies the entire AGREEMENT and understanding between the parties <br /> hereto, and there are no other agreements and understandings, oral or written, with reference to <br /> the subject matter hereof that are not merged herein and superseded hereby. <br /> No alteration, change, or modification of the terms of this Agreement shall be valid <br /> unless made in writing and signed by both parties hereto. <br /> This AGREEMENT, regardless of where executed, shall be governed by and construed <br /> according to the laws of the State of Florida. <br /> IN WITNESS WHEREOF the parties hereto have executed these presents this <br /> 8th day of APri > , 2008 . <br /> W.F. MCCAIN & ASSOCIATES, INC . . INDIAN RIVER COUNTY, FLORIDA <br /> 1171 19TH STREET BOARD OF COUNTY CONYMISSIONERS <br /> VERO BEAC , FLORIDA 32960 <br /> FOR: BY f�L <br /> William F cCain P.E . 4Sanra ."Bowden, chairman <br /> President/Principal Engineer <br /> WITNESSED BY : Attest: <br /> By: By : , 1� . CG . <br /> Deputy Clerk of the Court <br /> Approved as to Form and Legal Accepted: <br /> Sufficiency <br /> loe <br /> By: &ad By; ::Ae - <br /> p _ Joseph A; Baird, County Administrator <br /> 7 <br />