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misrepresentation in connection with any provisions of this Agreement, each party <br /> shall bear its own costs . <br /> 13 . Enforceability . If any term or provision of this Agreement, or the application thereof <br /> to any person or circumstances , shall to any extent be held invalid or unenforceable, <br /> the remainder of this Agreement, or the application of such terms or provision, to <br /> persons or circumstances other than those as to which it is held invalid or <br /> unenforceable, shall not be affected, and every other term and provision of this <br /> Agreement shall be deemed valid and enforceable to the extent permitted by law . <br /> The Company ' s failure to maintain its job creation commitment or annual wage level <br /> commitment for any one year will result in the decrease of the Grant amount it was <br /> scheduled to receive for that year; however, such decrease will not preclude the <br /> Company ' s receipt of scheduled Grant amounts for those subsequent years in which <br /> it is able to maintain its job creation and wage level commitment. <br /> 14 . Assignment. COMPANY shall not, directly or indirectly , assign or transfer any of <br /> its rights or obligations under this Agreement, or any interest therein (the foregoing <br /> herein collectively "Transfer"), without the express prior written consent of the <br /> Community Development Director. The Community Development Director shall not <br /> unreasonably withhold its consent to any Transfer. Any such attempted Transfer <br /> without the express prior written Community Development Director consent shall be <br /> null and void and may , at the option of the County Community Development <br /> Director, be deemed an event of default under this Agreement. COMPANY <br /> acknowledges and agrees that the Community Development Director has the right, in <br /> granting or withholding consent to any Transfer, to consider, among other things, the <br /> financial responsibility and business reputation of the proposed assignee or transferee <br /> (the foregoing herein collectively "Transferee") and any other items that the Indian <br /> River County Community Development Director, in his sole discretion, deems <br /> appropriate . <br /> If COMPANY seeks the Community Development Director' s consent for a <br /> Transfer, COMPANY shall submit to the Community Development Director a <br /> written request therefore, accompanied by the following documentation : (i) the <br /> name, address , and telephone number of the proposed Transferee; (ii ) a description <br /> of the business and jobs , including wages, to be created in Indian River County ; and <br /> (iii) a financial statement or other reasonably detailed financial information <br /> concerning the proposed Transferee . COMPANY acknowledges and agrees that : (a) <br /> the County Administrator or his designee, or the Indian River County Board of <br /> County Commissioners , has the right to request any additional information deemed <br /> necessary to make the decision relating to consent to the Transfer; and (b) any such <br /> request for a Transfer is expressly subject to the approval of the Transfer by the <br /> Board of County Commissioners at a formal meeting thereof, and such Transfer <br /> shall become effective only when signed by the Transferee and approved by the <br /> Board, which consent shall not be unreasonably withheld. <br /> - 8- <br />