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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 /> 11 . 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 /> 12 . 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 parry
<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
<br /> COUNTY. COUNTY shall not unreasonably withhold its consent to any Transfer.
<br /> Any such attempted Transfer without the express prior written COUNTY consent
<br /> shall be null and void and may, at the option of COUNTY, be deemed an event of
<br /> default under this Agreement. COMPANY acknowledges and agrees that COUNTY
<br /> has the right, in granting or withholding consent to any Transfer, to consider, among
<br /> other things, the financial responsibility and business reputation of the proposed
<br /> assignee or transferee (the foregoing herein collectively "Transferee") ; and any other
<br /> items that the Indian River County Board of County Commissioners, in its sole
<br /> discretion, deems appropriate.
<br /> If COMPANY seeks COUNTY' s consent for a Transfer, COMPANY shall submit to
<br /> COUNTY a written request therefore, accompanied by the following documentation:
<br /> (i) the name, address, and telephone number of the proposed Transferee; (ii) a
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