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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 <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 /> 15 . Assi ng ment . 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 . If COMPANY seeks COUNTY ' s consent for a <br /> Transfer, COMPANY shall submit to COUNTY a written request therefore , <br /> accompanied by the following documentation : (i) the name , address , and telephone <br /> number of the proposed Transferee ; (ii ) a description of the business and jobs , <br /> including wages, to be created in Indian River County ; and (iii ) a financial statement <br /> or other reasonably detailed financial information concerning the proposed <br /> Transferee . COMPANY acknowledges and agrees that : (a) the County <br /> Administrator or his designee , or the Indian River County Board of County <br /> Commissioners, has the right to request any additional information deemed <br /> necessary to make the decision relating to consent to the Transfer; and (b) any such <br /> request for a Transfer is expressly subject to the approval of the Transfer by the <br /> Board of County Commissioners at a formal meeting thereof, and such Transfer <br /> - 7 - <br />