|
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 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.
<br /> 1 l . 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,
<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 .
<br /> 14 . 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 /> -7 -
<br />
|