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10 . 6 Availability of Funds . The obligations of the COUNTY under this Agreement are subject to the availability of funds lawfully appropriated for its purpose by the Board of County Commissioners of Indian River County. 10 . 7 No Pledge of Credit. The CONSULTANT shall not pledge the COUNTY's credit or make it a guarantor of payment or surety for any contract, debt , obligation , judgment , lien , or any form of indebtedness . 10 . 8 Public Records . The CONSULTANT shall comply with the provisions of Chapter 119 , Florida Statutes ( Public Records Law) in connection with this Agreement . 10 . 9 Survival . Except as otherwise expressly provided herein , each obligation In this Agreement to be performed by CONSULTANT shall survive the termination or expiration of this Agreement . 10 . 10 Construction . The headings of the sections of this Agreement are for the purpose of convenience only, and shall not be deemed to expand , limit, or modify the provisions contained in such sections . All pronouns and any variations thereof shall be deemed to refer to the masculine , feminine or neuter, singular or plural , as the identity of the parties or parties may require . The parties hereby acknowledge and agree that each was properly represented by counsel and this Agreement was negotiated and drafted at arm ' s-length so that the judicial rule of construction to the effect that a legal document shall be construed against the draftsperson shall be inapplicable to this Agreement. 10 . 11 Counterparts . This Agreement may be executed in one or more counterparts , each of which shall be deemed to be an original copy and all of which shall constitute but one and the same instrument . [Remainder of page intentionally left blank; signature page to follow.] 12 F :\Public Works\ENGINEERING DIVISION PROJECTS\1334 2013-2015 RFQ Cont Environ and Bio Support Services\Admin\agenda items\CONTINUING CONTRACT AGREEMENT for ENVIRONMENTAL SERVICES KIMLEY HORN .doc P a g e 112