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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the subject matter hereof that are not merged herein and superseded hereby.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 />: �... /:.%gi <br />William FZMcCain P.E. <br />President/Principal Engineer <br />WITNESSED BY: <br />By: <br />Approved as to Form and Legal <br />Sufficiency <br />By: 9/1 d <br />By. <br />4f�L <br />San ra L. Bowden, Chairman <br />Attest:_�,� <br />By: 61t�, , b . CG. <br />Deputy Clerk of the Court <br />Accepted: <br />loe <br />By: ::Ae - <br />p _ Joseph A; Baird, County Administrator <br />