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GC 57 . 10 Availability of Funds . The obligations of the County under this Contract are <br /> subject to the availability of funds lawfully appropriated for its purpose . <br /> GC 57 . 16 Litigation . In the event suit is filed to construe or enforce this Agreement, the <br /> prevailing party in such suit shall be entitled to an award of all costs and expenses incurred in <br /> connection therewith , including , but not limited to , reasonable attorneys ' fees and costs through <br /> trial and appeal . <br /> GC 57 . 17 Governing Law ; Venue . This Agreement shall be construed and interpreted , and <br /> the rights of the parties hereto determined , in accordance with Florida law. The Owner and <br /> Contractor submit to the jurisdiction of Florida courts and federal courts located in Florida . The <br /> parties agree that proper venue for any suit concerning this Agreement shall be Indian River <br /> County , Florida , or the Federal Southern District of Florida . Contractor agrees to waive all <br /> defenses to any suit filed in Florida based upon improper venue or forum nonconveniens. <br /> GC 57 . 18 Notices . All written notices and other communications required or provided for <br /> under this Contract shall be sent by certified mail , return receipt requested , postage prepaid , in <br /> the case of mailing , or by overnight or same day courier, or hand delivered to the following <br /> address and person bearing the following title for each party hereto or such other addressee or <br /> person as shall be designated by a party in a written notice given in the manner required hereby : <br /> to Owner: Indian River County <br /> Michael D . Nixon , P . E . <br /> 1801 27th St. <br /> Vero Beach , FL 32960 <br /> to Contractor: [to Contractor at the address listed on the first page of <br /> this Contract to the attention of the Project Manager] <br /> GC 57 . 19 Taxes . Contractor shall pay all taxes , duties and assessments imposed by law <br /> and applicable to the Contract. Contractor is not entitled to Owner' s tax exempt status and shall <br /> pay all sales taxes . The Contract price shall include all taxes . <br /> GC 57 . 20 Public Records . Contractor shall comply with Chapter 119 , Florida Statutes , <br /> regarding access to public records . Failure of compliance may be grounds for termination by the <br /> Owner. <br /> 50 <br /> 1211 /2009 3:45:46 PM <br />