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7. Default; Termination Except as set forth herein, in the event that COMPANY
<br />defaults in the performance of its guarantees and commitments as provided for in this
<br />Agreement, COUNTY may, at its option, terminate this Agreement.
<br />8. Indemnification. COMPANY shall indemnify and hold 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 />9. 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 ajury trial.
<br />10. 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.
<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 party
<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
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