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JAN 2 0198?. 48 635 <br />hereunder, other than for the payment of any obligations specified <br />herein, in case such failure, default or delay is caused by strikes <br />or other labor problems, by forces of nature, unavoidable <br />accidents, fire, acts of the public enemy, interference by civil <br />authorities, passage of laws, or of the Court, adoption of rules, <br />ordinances, acts, failures to act, decisions or order or regulations <br />of any.governmental or military body or agency, office or com- <br />mission, delays in receipt of materials, or any other cause, whether <br />similar or dissimilar in nature, not within the control of the <br />party affected and which, by the exercise of due diligence, such <br />party is unable to prevent or overcome. Should any of the foregoing <br />occur, the parties hereto agree to proceed with diligence to do <br />what is reasonable and necessary so that each party may perform its <br />obligations under this Agreement. <br />23. A*failure to initiate action as to any breach shall not <br />be deemed as a waiver of that right or action and all sucIr <br />uninitiated rights or action shall be cumulative. <br />24. Any notice, demand or request required or authorized by <br />this Agreement shall be deemed properly given if mailed, postage <br />prepaid, to the City of Vero Beach, P. 0. Box 1389, Vero Beach, <br />Florida 32960, Attention: City Manager, in the case of City, and <br />to the County of Indian River, 2345 - 14th Avenue, Vero Beach, <br />Florida 32960, Attention: County Administrator. The designation <br />of the person to be notified and/or the notice address may be <br />changed at any time by similar notice. <br />25. This Agreement shall not become effective until same <br />shall be executed by both parties hereto. <br />26. In the event litigation is filed against either the <br />County or the City or both by a customer within the South Beach <br />area protesting the terms and conditions of this Agreement or <br />trying to set the terms of this Agreement aside, the parties <br />agree to cooperate in the defense of such action but in the <br />event the action as filed could lead to substantial monetary <br />damages against either party, then either party shall have the <br />right to terminate this Agreement subject to the condition that <br />if the County has validated and sold the bonds for interim <br />-11- <br />