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• <br />6.9.5. Failure of CONTRACTOR to comply with these requirements shall be a material <br />breach of this Agreement. <br />6.10. Severability. If any term or provision of this Agreement or the application thereof to <br />any person or circumstance shall, to any extent, be held invalid or unenforceable for the remainder <br />of this Agreement, then the application of such term or provision to persons or circumstances other <br />than those as to which it is held invalid or unenforceable shall not be affected, and every other term <br />and provision of this Agreement shall be deemed valid and enforceable to the extent permitted by <br />law. <br />6.11. Captions and Interpretations. Captions in this Agreement are included for <br />convenience only and are not to be considered in any construction or interpretation of this <br />Agreement or any of its provisions. Unless the context indicates otherwise, words importing the <br />singular number include the plural number, and vice versa. Words of any gender include the <br />correlative words of the other genders, unless the sense indicates otherwise. <br />6.12. Notices: Any notice, request, demand, consent, approval, or other communication <br />required or permitted by this Agreement shall be given or made in writing and shall be served, as <br />elected by the party giving such notice, by any of the following methods: (a) Hand delivery to the <br />other party; (b) Delivery by commercial overnight courier service; or (c) Mailed by registered or <br />certified mail (postage prepaid), return receipt requested at the addresses of the parties shown <br />below: <br />OWNER: <br />CONTRACTOR: <br />Indian River County <br />Attn: <br />1801 27th Street <br />Vero Beach, FL 32960-3365 <br />Facsimile: (772) <br />Notices shall be effective when received at the address as specified above. Facsimile <br />transmission is acceptable notice effective when received, provided, however, that facsimile <br />transmissions received (i.e., printed) after 5:00 p.m. or on weekends or holidays, will be deemed <br />received on the next day that is not a weekend day or a holiday. The original of the notice must <br />additionally be mailed. Either party may change its address, for the purposes of this section, by <br />written notice to the other party given in accordance with the provisions of this section. <br />6.13 Sovereign Immunity. Nothing in this Agreement is intended to, or shall be <br />interpreted to, constitute a waiver or limitation of the COUNTY's sovereign immunity. <br />6.14. Entirety of Agreement. This Agreement incorporates and includes all prior and <br />contemporaneous negotiations, correspondence, conversations, agreements, and understandings <br />applicable to the matters contained herein and the parties agree that there are no commitments, <br />agreements, or understandings concerning the subject matter of this Agreement that are not <br />contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall <br />be predicated upon any prior representations or agreements, whether oral or written. It is further <br />agreed that no modification, amendment or alteration in the terms and conditions contained herein <br />shall be effective unless contained in a written document executed with the formality and of equal <br />dignity herewith. <br />6.15. Background Recitals. The background recitals are true and correct and form a material <br />part of this Contract. <br />113 <br />