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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 causes 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 equity 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. Parties hereby waive their right for a jury trial .
<br /> 1 1 . 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 tide
<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 /> 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
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