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2013-056
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10 . 8 Public Records . The Consultant shall comply with the provisions of Chapter <br /> 119 , Florida Statutes ( Public Records Law) in connection with this Agreement . <br /> 10 . 9 Notices : Any notice , request , demand , consent, approval , or other <br /> communication required or permitted by this Agreement shall be given or made in writing <br /> and shall be served , as elected by the party giving such notice , by any of the following <br /> methods : (a ) Hand delivery to the other party ; (b) Delivery by commercial overnight courier <br /> service ; or (c) Mailed by registered or certified mail ( postage prepaid ) , return receipt <br /> requested at the addresses of the parties shown below: <br /> County : Indian River County <br /> Attn : Public Works Director. <br /> 180127th Street, Building A <br /> Vero Beach , FL 32960 <br /> Office : (772) 226- 1379 <br /> Facsimile : (772)778-9391 <br /> Consultant : Coastal Planning & Engineering , Inc . <br /> Attn : Thomas Campbell , P . E . , D . CE <br /> 2481 N .W Boca Raton Blvd <br /> Boca Raton , FL 33431 <br /> Office : ( 561 ) 391 -8102 <br /> Facsimile : (561 ) 391 -9116 <br /> Notices shall be effective when received at the address as specified above . <br /> Facsimile transmission is acceptable notice effective when received , provided , however, <br /> that facsimile transmissions received (i .e . , printed ) after 5 : 00 p . m . or on weekends or <br /> holidays , will be deemed received on the next day that is not a weekend day or a holiday . <br /> The original of the notice must additionally be mailed . Either party may change its <br /> address , for the purposes of this section , by written notice to the other party given in <br /> accordance with the provisions of this section . <br /> 10 . 10 Survival . Except as otherwise expressly provided herein , each obligation in <br /> this Agreement to be performed by Consultant shall survive the termination or expiration of <br /> this Agreement. <br /> 10 . 11 Construction : The headings of the sections of this Agreement are for the <br /> purpose of convenience only , and shall not be deemed to expand , limit , or modify the <br /> provisions contained in such Sections . All pronouns and any variations thereof shall be <br /> deemed to refer to the masculine , feminine or neuter, singular or plural , as the identity of <br /> the party or parties may require . The parties hereby acknowledge and agree that each <br /> was properly represented by counsel and this Agreement was negotiated and drafted at <br /> arm' s-length so that the judicial rule of construction to the effect that a legal document shall <br /> be construed against the draftsperson shall be inapplicable to this Agreement <br /> 11 <br /> F :\Marketing\ Proposals\Florida Counties\Indian River\2012 Indian River County\_ Contract - Final 3-8-12\FINAL 3-& 13-- Coastal <br /> Engineering Master Agreement 2013 - CPE .docx <br />
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