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Florida Statutes: <br />334.044(7) <br />656-035-01 <br />PAVEMENT MANAGEMENT <br />OGC — 02/15 <br />Page 12 of 21 <br />22. All notices pertaining to this Agreement are in effect upon receipt by either party, shall be in <br />writing, and shall be transmitted either by personal hand delivery; United States Post Office, <br />retum receipt requested; ovemight express mail delivery, email, or facsimile. The addresses <br />and the contact persons set forth below for the respective parties shall be the places where <br />notices shall be sent, unless prior written notice of change of address is given. <br />TO DEPARTMENT: <br />Florida Department of Transportation <br />3400 W. Commercial Blvd. <br />Fort Lauderdale, Florida 33309 <br />Attn: Leos Kennedy, Jr. <br />Copy: Project Manager, Christine Fasiska <br />2"d Copy: District's General Counsel <br />TO RECIPIENT: <br />Indian River County <br />1801 27th Street <br />Vero Beach, Florida 32960 <br />Attn: Christopher J. Kafer, Jr , P.E. <br />Copy: Indian River County's General Counsel <br />23. All words used herein in the singular form shall extend to and include the plural. All <br />words used in the plural form shall extend to and include the singular. All words used in <br />any gender shall extend to and include all genders. <br />24. This Agreement shall not be renewed. Any extension shall be in writing and executed <br />by both parties and shall be subject to the same terms and conditions set forth in this <br />Agreement. <br />25. This Agreement shall not be construed to grant any third party rights. <br />26. In no event shall the making by the Department of any payment to the Recipient constitute <br />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 Recipient, 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 <br />any right or remedy available to the Department with respect to such breach or default. <br />27 This Agreement embodies the entire agreement of the parties. There are no provisions, <br />terms, conditions, or obligations other than those contained in this Agreement. This <br />Agreement supersedes all previous communication, representation, or agreement, <br />either verbal or written, between the parties. No amendment will be effective unless <br />reduced to writing and signed by an authorized officer of the Recipient and the <br />authorized officer of the Department or his/her delegate. <br />28. If any part of this Agreement shall be determined to be invalid or unenforceable by a <br />court of competent jurisdiction, or by any other legally constituted body having the <br />jurisdiction to make such determination, the remainder of this Agreement thus remains <br />