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7. Default; Termination. Except as set forth herein, in the event that COMPANY
<br /> defaults in the performance of its guarantees and commitments as provided for in this
<br /> Agreement, COUNTY may, at its option, terminate this Agreement.
<br /> 8. Indemnification. COMPANY shall indemnify and hold harmless and defend
<br /> COUNTY, its agents, servants, and employees from and against any and all claims,
<br /> liabilities, losses, and/or causes of action which may arise from any negligent act or
<br /> omission of COMPANY, its agents, servants, or employees in the performance of
<br /> services under this Agreement.
<br /> 9. Forum; Venue. This Agreement shall be governed by the laws of the State of
<br /> Florida. Any and all legal action necessary to enforce the Agreement will be held in
<br /> Indian River County or the Federal District Court for the Southern District of Florida.
<br /> No remedy herein conferred upon any party is intended to be exclusive of any other
<br /> remedy, and each and every such remedy shall be cumulative and shall be in addition
<br /> to every other remedy given hereunder or now or hereafter existing by law or in
<br /> equity or by statute or otherwise. No single or partial exercise by any party of any
<br /> right, power, or remedy hereunder shall preclude any other or further exercise
<br /> thereof. Parties hereby waive their right for a jury trial.
<br /> 10. Lobbyist Certification. COMPANY warrants that it has not employed or retained any
<br /> company or person, other than a bona fide employee working solely for COMPANY,
<br /> to solicit or secure this Agreement and that it has not paid or agreed to pay any
<br /> person, company, corporation, individual, or firm, other than a bona fide employee
<br /> working solely for COMPANY, any fee, commission,percentage, gift, or any other
<br /> consideration contingent upon or resulting from the award or making of this
<br /> Agreement.
<br /> 11. No Discrimination Certification. COMPANY warrants and represents that all of its
<br /> 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 /> 12. 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, each party
<br /> shall bear its own costs.
<br /> 13. 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 annual wage level
<br /> commitment for any one year will result in the decrease of the Grant amount it was
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