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Agreement. Persons employed by Franchisee in the performance of services and functions pursuant to this Agreement shall have no claim to pension, workers' compensation, unemployment compensation, civil service or other employee rights or privileges granted to SWDD's officers and employees either by operation of law or by SWDD. 21.11. Governing Law, Venue The validity, construction and effect of this Agreement shall be governed by the laws of the State of Florida. Any claim, objection or dispute arising out of the terms of this Agreement shall be litigated in Indian River County, Florida or if in Federal Court then it is in the Southern District of Florida. 21.12. Public Access Franchisee shall comply with Florida's Public Records Law in accordance with the provisions of Chapter 119, Florida Statutes. Specifically, Franchisee shall keep and maintain public records that ordinarily and necessarily would be required by SWDD in order to perform the service. Franchisee shall provide the public with access to public records on the same terms and conditions that SWDD would provide the records at a cost that does not exceed the costs provided in Chapter 119 or as otherwise provided by law. Franchisee shall ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. Franchisee shall meet all requirements for retaining public records and transfer, at no cost, to SWDD or the County, all public records in possession of Franchisee upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to SWDD in a format that is compatible with the information technology systems of the County. 21.13. Waiver A waiver of any breach of any provision of this Agreement shall not constitute or operate as a waiver of any other breach of such provision or of any other provisions, nor shall any failure to enforce any provision hereof operate as a waiver of such provision or of any other provisions. 21.14. Survival of Obligation All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with this Agreement, as well as all continuing obligations shall survive final payment, completion and acceptance of the work and termination or completion of the Agreement. 21.15. Attorney's Fees In the event of any litigation which arises out of, pertains to, or relates to this Agreement, or the breach of it, including, but not limited to, the standard of performance required in it, the prevailing party shall be entitled to recover its reasonable attorneys' fees from the non -prevailing party, at both trial and appellate levels. 21.16. Headings Headings in this document are for convenience of reference only and are not to be considered in any interpretation of this Agreement. 21.17. Notice All notices required or contemplated by this Agreement shall be addressed and sent by certified U.S. mail, unless otherwise specified by the Contract Manager, to SWDD and Franchisee as follows: To SWDD: Managing Director Indian River County Solid Waste Disposal District 1325 74th Avenue SW Vero Beach, Florida 32968 Page 31