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correspondence, conversations, agreements or understandings applicable to the <br />matters contained herein and the parties agree that there are no commitments, <br />agreements, or understandings of any nature whatsoever concerning the subject matter <br />of the Agreement that are not contained in this document. Accordingly, it is agreed that <br />no deviation from the terms hereof shall be predicated upon any prior or <br />contemporaneous representations or agreements, whether oral or written. No <br />alteration, change, or modification of the terms of this Agreement shall be valid unless <br />made in writing and signed by the CONTRACTOR and the COUNTY. <br />8.4 Governing Law; Venue. This Agreement, including all attachments hereto, <br />shall be construed according to the laws of the State of Florida. Venue for any lawsuit <br />brought by either party against the other party or otherwise arising out of this Agreement <br />shall be in Indian River County, Florida, or, in the event of federal jurisdiction, in the <br />United States District Court for the Southern District of Florida. <br />8.5 Remedies; No Waiver. All remedies provided in this Agreement shall be <br />deemed cumulative and additional, and not in lieu or exclusive of each other or of any <br />other remedy available to either party, at law or in equity. Each right, power and <br />remedy of the parties provided for in this Agreement shall be cumulative and concurrent <br />and shall be in addition to every other right, power or remedy provided for in this <br />Agreement or now or hereafter existing at law or in equity or by statute or otherwise. <br />The failure of either party to insist upon compliance by the other party with any <br />obligation, or exercise any remedy, does not waive the right to so in the event of a <br />continuing or subsequent delinquency or default. A party's waver of one or more <br />defaults does not constitute a waver of any other delinquency or default. If any legal <br />action or other proceeding is brought for the enforcement of this Agreement or because <br />of an alleged dispute, breach, default or misrepresentation in connection with any <br />provisions of this Agreement, each party shall bear its own costs. <br />8.6 Severability. If any term or provision of this Agreement or the application <br />thereof to any person or circumstance shall, to any extent, be held invalid or <br />unenforceable for the remainder of this Agreement, then the application of such term or <br />provision to persons or circumstances other than those as to which it is held invalid or <br />unenforceable shall not be affected, and every other term and provision of this <br />Agreement shall be deemed valid and enforceable to the extent permitted by law. <br />8.7 Availability of Funds. The obligations of the COUNTY under this <br />Agreement are subject to the availability of funds lawfully appropriated for its purpose by <br />the Board of County Commissioners of Indian River County. <br />8.8 No Pledge of Credit. The CONTRACTOR shall not pledge the COUNTY's <br />credit or make it a guarantor of payment or surety for any contract, debt, obligation, <br />judgment, lien or any form of indebtedness. <br />8.9 Public Records. Indian River County is a public agency subject to Chapter <br />119, Florida Statutes. The CONTRACTOR shall comply with Florida's Public Records <br />Law. Specifically, the CONTRACTOR shall: <br />0530-9 <br />F:\Utilities\UTILITY - Engineering\Projects - Utility Construction Permits\IRC - LABOR CONTRACT REVISED FOR 2014\00530 <br />General Agreement.doc <br />
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