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quarterly reports are for calendar quarter 4 in 2012, and calendar quarters 1 , 2, 3 , and
<br /> 4 in 2013 . For the third grant eligibility determination time period, the five quarterly
<br /> reports are for calendar quarter 4 in 2013 , and calendar quarters 1 , 2, 3 , and 4 in
<br /> 2014 .
<br /> For Phase III, 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 quarter 4 in 2012 , and calendar quarters 1 , 2 , 3 ,
<br /> and 4 in 2013 . For the second grant eligibility determination time period, the five
<br /> quarterly reports are for calendar quarter 4 in 2013 , and calendar quarters 1 , 2, 3 , and
<br /> 4 in 2014 . For the third grant eligibility determination time period, the .five quarterly
<br /> reports are for calendar quarter 4 in 2014, and calendar quarters 1 , 2 , 3 , and 4 in
<br /> 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 cause 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
<br /> Florida. No remedy herein conferred upon any party is intended to be exclusive of
<br /> any other remedy, and each and every such remedy shall be cumulative and shall be
<br /> in addition to every other remedy given hereunder or now or hereafter existing by
<br /> law or in equity or by statute or otherwise . No single or partial exercise by any party
<br /> of any 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
<br /> any company or person, other than a bona fide employee working solely for
<br /> COMPANY, to solicit or secure this Agreement and that it has not paid or agreed to
<br /> pay any person, company, corporation, individual, or firm, other than a bona fide
<br /> employee working solely for COMPANY, any fee, commission, percentage, gift, or
<br /> any other consideration contingent upon or resulting from the award or making of
<br /> this 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,
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