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authority. In the event that public funds are unavailable and not appropriated for <br /> ,-Now the performance of County's obligations under this contract, then this contract <br /> shall automatically expire without penalty to County after written notice to <br /> Contractor of the unavailability and non-appropriation of public funds. It is <br /> expressly agreed that County shall not activate this non-appropriation provision <br /> for its convenience or to circumvent the requirements of this contract, but only as <br /> an emergency fiscal measure. <br /> 18. Miscellaneous. Any notices requiring or permitted to be given under this <br /> Agreement shall be delivered to the parties by personal delivery, or by registered <br /> or certified mail, return receipt requested, at the addresses set forth in the <br /> Proposal. <br /> 19. Independent Contractor. The Agreement is between Consultant and Indian River <br /> County. Any other persons shown as part of the Consultant team in the Proposal <br /> are Consultant subcontractors who will assist Consultant in providing the <br /> Services to Indian River County. Consultant is an independent contractor and is <br /> not an employee of Indian River County. Services performed by Consultant <br /> under this Agreement are solely for the benefit of Indian River County unless <br /> specified otherwise. <br /> 20. Limitation of Liability; Consequential Damages. TO THE EXTENT PERMITTED <br /> BY LAW THE TOTAL LIABILITY OF CONSULTANT TO INDIAN RIVER <br /> COUNTY FOR ANY AND ALL CLAIMS ARISING OUT OF THIS AGREEMENT <br /> WHETHER CAUSED BY NEGLIGENCE ERRORS OMISSIONS STRICT <br /> LIABILITY BREACH OF CONRACT OR CONTRIBUTION SHALL NOT <br /> EXCEED THE COMPENSATION PAID TO CONSULTANT UNDER THIS <br /> AGREEMENT. In no event and under no circumstances shall Consultant be <br /> liable to Indian River County for any interest, loss of anticipated revenues, <br /> earnings, profits, increased expense of operations, loss by reason of shutdown <br /> or non-operation due to late completion or for any consequential, indirect or <br /> special damages. <br /> 21. Reuse of Work Products. The work products resulting from Consultant's services <br /> shad not be changed or used for purposes other than those set forth in this <br /> Agreement without the prior written approval of Consultant. If Indian River <br /> County releases such work products to a third party without Consultant's prior <br /> written consent, or changes or uses the work products other than as intended <br /> hereunder, Indian River County does so at its sole risk and discretion and to the <br /> extent allowed by law, agrees to indemnify and hold Consultant harmless for any <br /> claims (including Consultant's claims to reasonable compensation for such third <br /> party use) or damages resulting from or connected with the release or any third <br /> party's use of the Work Products. This paragraph shall not apply to documents <br /> considered public records pursuant to Chapter 119, Florida Statutes. <br /> b <br /> 87 <br />