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every other right, power or remedy provided for in this Agreement or now or hereafter <br /> existing at law or in equity or by statute or otherwise. The failure of either party to insist <br /> upon compliance by the other party with any obligation, or exercise any remedy, does not <br /> waive the right to do so in the event of a continuing or subsequent delinquency or default. <br /> A party's waiver of one or more defaults does not constitute a waiver of any other <br /> delinquency or default. 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 shall <br /> bear its own costs. <br /> 13. SEVERABILITY. If any term or provision of this Agreement, or the application thereof <br /> to any person or circumstance shall, to any extent, be held invalid or unenforceable for the <br /> remainder of this Agreement, then the application of such term or provision to persons or <br /> circumstances other than those as to which it is held invalid or unenforceable shall not be <br /> affected, and every other term and provision of this Agreement shall be deemed valid and <br /> enforceable to the extent permitted by law. <br /> 14. AVAILABILITY OF FUNDS. The obligations of the County under this Agreement are <br /> subject to the availability of funds under the CDBG Grant Agreement. <br /> 15. NO PLEDGE OF CREDIT.. The Contractor shall not pledge the County's credit or <br /> make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, <br /> or any form of indebtedness. <br /> 16. PUBLIC RECORDS. The Contractor shall comply with the provisions of Chapter 119, <br /> Florida Statutes (Public Records Law) in connection with this Agreement. <br /> 17. 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 <br /> served, as elected by the party giving such notice, by any of the following methods: (a) <br /> Hand delivery to the other party; or (b) Delivery by commercial overnight courier service at <br /> the addresses of the parties shown below: <br /> County : Indian River County <br /> Attn: Bob Keating, Community Development Director <br /> 1801 27th Street, Vero Beach, FL 32960-3365 <br /> Phone: (772) 226-1254; Facsimile: (772)978-1806 <br /> E-mail: bkeatingCcD-ircgov.com <br /> Contractor: <br /> Attn: Stephen Boyle <br /> Boyle and Drake, Inc. <br /> 37907 th Terrace, Suite 202 <br /> Vero Beach, FL 32960 <br /> Phone: (772) 778-7577, Facsimile: (772) 778-7577 <br /> E-mail: info(aD-boyledrake.corn <br /> 5 <br />