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12. VENUE. Venue for any legal action by any party to this Agreement to interpret, construe or enforce this Agreement shall be in a court of competent jurisdiction in and for Indian River County, Florida and any trial shall be non -jury. 13. TERMINATION. If either party fails or refuses to perform any of the provisions of this Agreement or otherwise fails to timely satisfy the Agreement provisions, either may notify the other party in writing of the nonperformance and terminate the Agreement or such part of the Agreement as to which there has been delay or a failure to properly perform. Such termination is effective upon the other party's receipt of the Notice of Termination Indian River is only responsible for payment to Brevard for work completed by Brevard priorto the effective date of termination. 14. TERMINATION FOR CONVENIENCE. Either party may terminate this Agreement for their own convenience upon providing thirty (30) days written notice to the other party In the event of a termination for convenience, the only sum payable will be the sums the respective party is otherwise obligated to pay under the terms of this Agreement up to the effective date of termination, and any other sums the respective party is otherwise obligated to pay under the terms of this Agreement up to the date of termination. 15. INDEPENDENT CONTRACTOR. Brevard and Indian River shall perform the services under this Agreement as an independent contractor to the other and nothing contained herein shall be construed to be inconsistent with this relationship or status. Nothing in this Agreement shall be interpreted or construed to constitute Brevard or any of its agents or employees to be the agent, employee or representative of Indian River and vice versa. 16. CONSTRUCTION OF AGREEMENT. The parties hereby acknowledge that they fully reviewed this Agreement, its Attachments and had the opportunity to consult with legal counsel of their choice, and that this Agreement shall not be construed against any party as if they were the drafter of this Agreement. 17. NOTICE. Notice under this Agreement to Brevard shall be given by certified mail or hand delivery as follows: Frank Abbate Human Resources Director 2725 Judge Fran Jamieson Way, Bldg. B, Viera, FL 32940 and Notice to Indian River shall be given by certified mail or hand delivery as follows: Colleen Peterson, Human Resources Manager, 1800 27th Street, Vero Beach, FL 32960-0310. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the day and year first above written. B OARD OF COUNTY COMMISSIONERS OF B REVARD COUNTY, FLORID 3