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Attn: Ted J. Sauerbeck <br /> Room 574, Claude Pepper Building <br /> 111 West Madison Street <br /> Tallahassee,FL 32302-1450 <br /> 7. TERNUNATION AND DEFAULT <br /> A. This Agreement may be terminated by either party upon default by the other parry. Further, <br /> this Agreement may be terminated by the DEPARTMENT in whole or in part at any time the interest <br /> of the DEPARTMENT requires such termination. The DEPARTMENT also reserves the right to seek <br /> termination or cancellation of this Agreement in the event the COUNTY shall be placed in either <br /> voluntary or involuntary bankruptcy. The DEPARTMENT further reserves the right to terminate or <br /> cancel this Agreement in the event an assignment is made for the benefit of creditors. <br /> B. If the Agreement is terminated before performance is completed,the COUNTY shall be paid <br /> 75% of the work satisfactorily performed for which costs can be substantiated. Within 30 days, the <br /> COUNTY shall refund to the DEPARTMENT the amount of payment received for the PROJECT <br /> which exceeds 75% of the COUNTY'S costs for the portion of the PROJECT completed. <br /> 8. MISCELLANEOUS <br /> A. All words used herein in the singular form shall extend to and include the plural. All words <br /> used in the plural form shall extend to and include the singular. All words used in any gender shall <br /> extend to and include all genders. <br /> B. The DEPARTMENT shall not be obligated or liable hereunder to any party not a party to this <br /> Agreement. <br /> C. In no event shall the making by the DEPARTMENT of any payment to the COUNTY <br /> constitute or be construed as a waiver by the DEPARTMENT of any breach of covenant or any default <br /> which may then exist, on the part of the COUNTY, and the making of such payment by the <br /> DEPARTMENT while any such breach or default shall exist shall in no way impair or prejudice any <br /> right or remedy available to the DEPARTMENT with respect to such breach or default. <br /> D. This document incorporates and includes all prior negotiations, correspondence, conversations, <br /> agreements, or understandings applicable to the matters contained herein, and the parties agree that <br /> there are no commitments, agreements or understandings concerning the subject matter of this <br /> Agreement that are not contained in this document. Accordingly,it is agreed that no deviation from <br /> the terms hereof shall be predicated upon any prior representation or agreements whether oral or <br /> written. It is fiuther agreed that no modification, amendment or alteration in the terms or conditions <br /> contained herein shall be effective unless contained in a written document executed with the same <br /> formality and of equal dignity herewith. <br /> E. If any part of this Agreement shall be determined to be invalid or unenforceable by a court of <br /> competent jurisdiction or by any other legally constituted body having the jurisdiction to make such <br /> determination,the remainder of this Agreement shall remain in full force and effect provided that the <br /> part of this Agreement thus invalidated or declared unenforceable is not material to the intended <br /> operation of this Agreement. <br /> F. This Agreement shall be governed by and construed in accordance with the laws of the State <br /> of Florida. Venue of any judicial proceedings arising out of this Agreement shall be in Leon County, <br />