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A TRUE COPY
<br /> CERTIFICATION ON LAST PAGE
<br /> • J . K . BARTON , CLERK
<br /> For Phase 1I, there are 5 quarterly reports that must be submitted per grant eligibility
<br /> determination time period ; for the first grant eligibility determination time period, the
<br /> five quarterly reports are for calendar quarters 1 , 2 , 3 and 4 in 2012 , and calendar
<br /> quarter 1 in 2013 . For the second grant eligibility determination time period, the five
<br /> quarterly reports are for calendar quarters 1 , 2 , 3 and 4 in 2013 , and calendar quarter
<br /> 1 in 2014 . For the third grant eligibility determination time period, the five quarterly
<br /> reports are for calendar quarters 1 , 2 , 3 and 4 in 2014 , and calendar quarter 1 in 2015 .
<br /> 8 . Default ; Termination . In the event that COMPANY defaults in the performance of
<br /> its guarantees and commitments as provided for in this Agreement, COUNTY may,
<br /> at its option, terminate this Agreement .
<br /> 9 . Indemnification . COMPANY shall indemnify and save harmless and defend
<br /> COUNTY , its agents , servants , and employees from and against any and all claims ,
<br /> liabilities , losses , and/or causes of action which may arise from any negligent act or
<br /> omission of COMPANY , its agents , servants , or employees in the performance of
<br /> services under this Agreement.
<br /> 10 . Forum ; Venue . This Agreement shall be governed by the laws of the State of
<br /> Florida . Any and all legal action necessary to enforce the Agreement will be held in
<br /> Indian River County or the Federal District Court for the Southern District of Florida .
<br /> No remedy herein conferred upon any party is intended to be exclusive of any other
<br /> remedy, and each and every such remedy shall be cumulative and shall be in addition
<br /> to every other remedy given hereunder or now or hereafter existing by law or in
<br /> equity or by statute or otherwise . No single or partial exercise by any party of any
<br /> right, power, or remedy hereunder shall preclude any other or further exercise
<br /> thereof. Parties hereby waive their right for a jury trial .
<br /> 11 . Lobbyist Certification . COMPANY warrants that it has not employed or retained any
<br /> company or person, other than a bona fide employee working solely for COMPANY, .
<br /> to solicit or secure this Agreement and that it has not paid or agreed to pay any
<br /> person , company, corporation, individual, or firm , other than a bona fide employee
<br /> working solely for COMPANY, any fee , commission, percentage , gift, or any other
<br /> consideration contingent upon or resulting from the award or making of this
<br /> Agreement .
<br /> 12 , No Discrimination Certification . COMPANY warrants and represents that all of its
<br /> employees are treated equally during employment without regard to race , color,
<br /> religion, disability, sex , age , national origin, ancestry, marital status , or sexual
<br /> orientation .
<br /> 13 . Attorneys Fees . If any legal action or other proceeding is brought for the
<br /> enforcement of this Agreement, or because of an alleged dispute , breach, default or
<br /> misrepresentation in connection with any provisions of this Agreement, each party
<br /> shall bear its own costs .
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