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every other right, power or remedy provided for in this Agreement or now or hereafter existing at law or in equity or by statute or otherwise. The failure of either party to insist upon compliance by the other party with any obligation, or exercise any remedy, does not waive the right to do so in the event of a continuing or subsequent delinquency or default. A party's waiver of one or more defaults does not constitute a waiver of any other delinquency or default. If any legal action or other proceeding is brought for the enforcement of this Agreement or because of an alleged dispute, breach, default, or misrepresentation in connection with any provisions of this Agreement, each party shall bear its own costs. 13. SEVERABILITY. If any term or provision of this Agreement, or the application thereof to any person or circumstance shall, to any extent, be held invalid or unenforceable for the remainder of this Agreement, then the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be affected, and every other term and provision of this Agreement shall be deemed valid and enforceable to the extent permitted by law. 14. AVAILABILITY OF FUNDS, The obligations of the County under this Agreement are subject to the availability of funds under the CDBG Grant Agreement. 15, NO PLEDGE OF CREDIT.. The Contractor shall not pledge the County's credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness. 16. PUBLIC RECORDS. The Contractor shall comply with the provisions of Chapter 119, Florida Statutes (Public Records Law) in connection with this Agreement. 17. NOTICES'. Any notice, request, demand, consent, approval, or other communication required or permitted by this Agreement shall be given or made in writing and shall be served, as elected by the party giving such notice, by any of the following methods: (a) Hand delivery to the other party; or (b) Delivery by commercial overnight courier service at the addresses of the parties shown below: County : Indian River County Attn: Bob Keating, Community Development Director 1801 27th Street, Vero Beach, FL 32960-3365 Phone: (772) 226-1254; Facsimile: (772)978-1806 E-mail: bkeatingaircgov.com Contractor: Attn: Frank Dowling Hulett Environmental Services, Inc. 2820 Reynolds Drive Ft. Pierce, FL 34945 Phone: (800) 411-2286, Facsimile: (800) 688-3284 E-mail: frank(o)bucis.com 5 SmeadSoft Reprint Date:Friday,March 11,2016-13:45:22-OfficialDocuments:6484,Attachment Id 1,Page 5