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12. VENUE. <br /> Venue for any legal action by any party to this Agreement to interpret, construe or enforce <br /> this Agreement shall be in a court of competent jurisdiction in and for Indian River County, Florida <br /> and any trial shall be non-jury. <br /> 13. TERMINATION. <br /> If either party fails or refuses to perform any of the provisions of this Agreement or otherwise <br /> fails to timely satisfy the Agreement provisions, either may notify the other party in writing of the <br /> nonperformance and terminate the Agreement or such part of the Agreement as to which there has <br /> been delay or a failure to properly perform. Such termination is effective upon the other party's <br /> receipt of the Notice of Termination. Indian River is only responsible for payment to Brevard for work <br /> completed by Brevard prior to the effective date of termination. <br /> 14. TERMINATION FOR CONVENIENCE. <br /> Either party may terminate this Agreement for their own convenience upon providing thirty <br /> (30) days' written notice to the other party. In the event of a termination for convenience, the only <br /> sum payable will be the sums the respective party is otherwise obligated to pay under the terms of <br /> this Agreement up to the effective date of termination, and any other sums the respective party is <br /> otherwise obligated to pay under the terms of this Agreement up to the date of termination. <br /> 15. INDEPENDENT CONTRACTOR. <br /> Brevard and Indian River shall perform the services under this Agreement as an <br /> independent contractor to the other and nothing contained herein shall be construed to be <br /> inconsistent with this relationship or status. Nothing in this Agreement shall be interpreted or <br /> construed to constitute Brevard or any of its agents or employees to be the agent, employee or <br /> 1, representative of Indian River and vice versa. <br /> 16. CONSTRUCTION OF AGREEMENT. <br /> The parties hereby acknowledge that they fully reviewed this Agreement, its Attachments <br /> and had the opportunity to consult with legal counsel of their choice, and that this Agreement shall <br /> not be construed against any party as if they were the drafter of this Agreement. <br /> 17. NOTICE. <br /> Notice under this Agreement to Brevard shall be given by certified mail or hand delivery as <br /> follows: Frank Abbate, Human Resources Director, 2725 Judge Fran Jamieson Way, Bldg. B, Viera, <br /> FL 32940 and Notice to Indian River shall be given by certified mail or hand delivery as follows: <br /> Colleen Peterson, Human Resources Manager, 1800 27th Street, Vero Beach, FL 32960-0310. <br /> IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the day and year <br /> first above written. <br /> BOARD OF COUNTY COMMISSIONERS OF <br /> BREVARD COUNTY, FLORID <br /> By: r <br /> Ho rd N.Tip t n, Coun/M nager <br /> Date: ". rT� / 2014. <br /> 3 <br /> 17 <br />