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SECTION 10. GOVERNING LAW. <br />This Agreement, and its interpretation and performance, shall be governed and <br />construed by the applicable 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 <br />in Indian River County, Florida, or, in the event of federal jurisdiction, in the United <br />States District Court for the Southern District of Florida. <br />SECTION 11. COUNTERPARTS. <br />This Agreement may be executed in one or more counterparts, each of which shall <br />be deemed to be an original copy and all of which shall constitute but one and the same <br />instrument. <br />SECTION 12. FURTHER ASSURANCES. <br />The County and the City will perform the provisions of this Agreement in good <br />faith and will take no actions in conflict with the terms or intent of this Agreement. The <br />County and City in good faith will take all actions necessary to implement the terms and <br />purpose of this Agreement. <br />SECTION 13. CONFLICT. <br />To the extent of any conflict between this Agreement and any existing County or <br />City agreement, this Agreement will be deemed to be controlling. This Agreement is not <br />intended to amend or repeal any existing County or City ordinance. <br />SECTION 14. SEVERABILITY. <br />If any section, subsection, sentence, clause, phrase or portion of this Agreement <br />is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, <br />such section, subsection, sentence, clause, phrase, or portion shall be deemed a separate, <br />distinct, and independent provision and such holding shall not affect the validity of the <br />remaining portions of this Agreement. <br />SECTION 15. RECORDATION. <br />This Agreement shall be recorded with the Clerk of the Circuit Court in Indian <br />River County, Florida. The City shall pay for the costs of recordation of this Agreement. <br />SECTION 16. EFFECTIVE DATE.. <br />This Agreement will become effective upon its filing with the Clerk of the Circuit <br />Court of Indian River County, Florida, as required by Section 163.01(11), Florida <br />Statutes. <br />Page 4 of 5 April 17, 2014 <br />