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Starting with calendar quarter 2 in 2014, quarterly reports must be submitted for grant
<br />eligibility determination. Those quarterly reports must be submitted until the
<br />termination of this Agreement.
<br />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 />DRAFT
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