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9 . 3 . Availability of Funds . The obligations of the Owner under this Contract are subject to the <br /> availability of funds lawfully appropriated for its purpose by the Board of County Commissioners <br /> of Indian River County <br /> 9_4 . Counterparts . This Agreement may be executed in one or more counterparts , but all such <br /> counterparts , when duly executed, shall constitute one and the same Agreement. <br /> 9 . 5 . Public Records . The COUNTY and the CONTRACTOR shall comply with the provisions of <br /> Chapter 119 , Florida Statutes (Public Records Law) in connection with this Agreement. <br /> 96 . Notices . All notices , requests , demands , approvals , consents , and other communications <br /> required or permitted under this Agreement shall be in writing and shall be (as elected by the person <br /> giving such notice) hand delivered by messenger ; delivered by commercial overnight courier <br /> service ; sent by facsimile/telecopier; or mailed by registered or certified mail (postage prepaid) <br /> return receipt requested and addressed to : <br /> As to COUNTY : James Gray, Jr. , Indian River County Public Works Dept . <br /> Address : 180127 "' Street, Vero Beach , FL 32960 <br /> As to CONTRACTOR : <br /> Ranger Construction Industries , Inc . <br /> P . O . Box 14589 <br /> Ft . Pierce , FL 34979 <br /> or to such other address as any party may designate by notice complying with the terms of this <br /> Section . Each such notice shall be deemed delivered and effective on the date of hand delivery, or <br /> on the second day after the date of deposit of notice with an overnight courier service , or on the date <br /> upon which the return receipt is signed or delivery is refused or the notice is designated by the <br /> postal authorities as not deliverable, as the case may be , if mailed . <br /> 9 . 7 . No Assijznment . The CONTRACTOR shall not assign , transfer, or otherwise dispose of this <br /> Contract or its right, title , or interest in or to the same or any part thereof, or allow legal action to be <br /> brought in its name for the benefit of others , without previous consent of the OWNER and <br /> concurrence to by the sureties . Any attempted assignment shall be void and may, at the option of <br /> the OWNER be deemed an event of default hereunder. Nothing herein shall be construed as <br /> creating any personal liability on the part of any officer or agent of the OWNER who may be a <br /> party hereto . OWNER and CONTRACTOR each binds itself, its successors , assigns and legal <br /> representatives to the other party hereto and to its successors , assigns and legal representatives in <br /> respect of all covenants , agreements and obligations contained in the Contract Documents <br /> 9 . 8 . Severability . If any term or provision of this Agreement or the application thereof to any <br /> person or circumstance shall , to any extent, be held invalid or unenforceable for the remainder of <br /> this Agreement, then the application of such term or provision to persons or circumstances other <br /> than those as to which it is held invalid or unenforceable shall not be affected , and every other term <br /> and provision of this Agreement shall be deemed valid and enforceable to the extent permitted by <br /> law . <br /> AGREEMENT A5 <br />