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12. Lobbyist Certification. The COMPANY warrants that it has not employed or <br />retained any company or person, other than a bona fide employee working solely for <br />the COMPANY to solicit or secure this Agreement and that it has not paid or agreed <br />to pay any person, company, corporation, individual, or firm, other than a bona fide <br />employee working solely for the COMPANY, any fee, commission, percentage, gift, <br />or any other consideration contingent upon or resulting from the award or making of <br />this Agreement. <br />13. No Discrimination Certification. The COMPANY warrants and represents that all of <br />its 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 />14. 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, the <br />successful or prevailing party or parties shall be entitled to recover reasonable <br />attorney's fees, court costs and all expenses (including taxes) even if not taxable as <br />court costs (including, without limitation, all such fees, costs and expenses incident <br />to appeals), incurred in that action or proceeding, in addition to any other relief to <br />which such party or parties may be entitled. <br />15. 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 salary level <br />commitment for any one year will result in the forfeiture of the Grant amount it was <br />scheduled to receive for that year; however, such forfeiture 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 salary level commitment. <br />16. Assignment. This Agreement may be assigned to any other persons or firm only <br />upon obtaining the County's written approval. <br />17. Conflict of Interest. The COMPANY represents that it presently has no interest and <br />shall acquire no interest, either direct or indirect, which would conflict in any manner <br />with the performance of services required hereunder, as provided for in Florida <br />Statutes 112.311. The COMPANY further represents that no person having any <br />interest shall be employed for said performance. <br />-5- <br />