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written . No alteration , change , or modification of the terms of this Agreement shall be valid unless made in writing and signed by the Consultant and the COUNTY . 10 . 3 Governing Law ; Venue . This Agreement , including all attachments hereto , shall be construed according to the laws of the State of Florida . Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Agreement shall be in Indian River County , Florida , or , in the event of federal jurisdiction , in the United States District Court for the Southern District of Florida . 10 . 4 Remedies ; No Waiver . All remedies provided in this Agreement shall be deemed cumulative and additional , and not in lieu or exclusive of each other or of any other remedy available to either party , at law or in equity . Each right , power and remedy of the parties provided for in this Agreement shall be cumulative and concurrent and shall be in addition to every other right , power or remedy provided for in this Agreement or now or hereafter existing at law or in equity or by statute or otherwise . The failure of either party to insist upon compliance by the other party with any obligation , or exercise any remedy , does not waive the right to so in the event of a continuing or subsequent delinquency or default . A party ' s waver of one or more defaults does not constitute a waver of any other delinquency or default . If any legal action or other proceeding is brought for the enforcement of this Agreement or because of an alleged dispute , breach , default or misrepresentation in connection with any provisions of this Agreement , each party shall bear its own costs . 10 . 5 Severability . If any term or provision of this Agreement or the application thereof to any person or circumstance shall , to any extent , be held invalid or unenforceable for the remainder of this Agreement , then the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be affected , and every other term and provision of this Agreement shall be deemed valid and enforceable to the extent permitted by law . 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 Notices : Any notice , request , demand , consent , approval , or other communication required or permitted by this Agreement shall be given or made in writing and shall be served , as elected by the party giving such notice , by any of the following methods . ( a ) Hand delivery to the other party ; ( b ) Delivery by commercial 11 FAUtilities\UTILITY - Engineering\Projects - Utility Construction Permits\IRC - Water and Wastewater Continuing Consultant Services UCP #2020\Continuing Contract 2011 \Consultant Agreements\SBS Contract Agreement . doc