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For Phase II , there are 5 quarterly reports that must be submitted per grant eligibility
<br /> determination time period ; for the first grant eligibility determination time period , the
<br /> five quarterly reports are for calendar quarters 3 and 4 in 2012 , and calendar quarters
<br /> 15 2 , and 3 in 2013 . For the second grant eligibility determination time period , the
<br /> five quarterly reports are for calendar quarters 3 and 4 in 2013 , and calendar quarters
<br /> 1 , 2 , and 3 in 2014 . For the third grant eligibility determination time period , the five
<br /> quarterly reports are for calendar quarters 3 and 4 in 2014 , and calendar quarters 1 , 2 ,
<br /> and 3 in 2015 .
<br /> For Phase III , there are 5 quarterly reports that must be submitted per grant eligibility
<br /> determination time period; for the first grant eligibility determination time period, the
<br /> five quarterly reports are for calendar quarters 1 , 2 , 3 and 4 in 2013 , and calendar
<br /> quarter 1 in 2014 . For the second grant eligibility determination time period , the five
<br /> quarterly reports are for calendar quarters 1 , 2 , 3 and 4 in 2014 , and calendar quarter
<br /> 1 in 2015 . For the third grant eligibility determination time period, the five quarterly
<br /> reports are for calendar quarters 1 , 2 , 3 and 4 in 2015 , and calendar quarter 1 in 2016 .
<br /> 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 /> 11 . 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 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.
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