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for restoring the beach, the District has the option to fund a portion of the restoration as the <br /> local cost-share. Quantities of sand taken from the inlet system or funded by the District <br /> �.. will be calculated as a sand bypass volume credit. The County and the District will <br /> coordinate closely following emergency events to determine the most efficient and <br /> expeditious manner of beach protection. <br /> 7. Notices. Any notice, request, demand, consent, approval or other <br /> communication required or permitted by this Agreement shall be given or made in writing <br /> and shall be served, as elected by the party giving such notice, by any of the following <br /> methods: (1) Hand delivery to the other party; or (2) Delivery by commercial overnight <br /> courier service; or (3) Mailed by registered or certified mail (postage prepaid), return <br /> receipt requested at the addresses of the parties shown below: <br /> Indian River County: <br /> Indian River County Public Works Department <br /> Attn: Public Works Director <br /> 1801 27th Street <br /> Vero Beach, Florida 32960 <br /> Fax: (772) 778-9391 <br /> Sebastian Inlet District. <br /> Attn: Martin Smithson, Administrator <br /> 114 Sixth Avenue <br /> Indialantic, Florida 32903 <br /> Fax: (321) 951-8182 <br /> Notices shall be effective when received at the address as specified above. Either party <br /> may change its address, for the purposes of this section, by written notice to the other <br /> party given in accordance with the provisions of this section. <br /> 8. Governing Law,- Venue. The validity, interpretation, construction, and effect of <br /> this Agreement shall be in accordance with and governed by the laws of the State of <br /> Florida, only. The location for settlement of any and all claims, controversies, or disputes, <br /> arising out of or relating to any part of this Agreement, or any breach hereof, as well as any <br /> litigation between the parties, shall be Indian River County, Florida for claims brought in <br /> state court, and the Southern District of Florida for those claims justifiable in federal court. <br /> Because it is impossible to ascertain damages if either party should breach this <br /> agreement, the parties hereto are limited to bringing an action in the event of breach for <br /> specific performance <br /> 9. Merger modification. This Agreement incorporates and includes all prior and <br /> contemporaneous negotiations, correspondence, conversations, agreements, and <br /> understandings applicable to the matters contained herein and the parties agree that there <br /> are no commitments, agreements, or understandings concerning the subject matter of this <br /> Agreement that are not contained herein. Accordingly, it is agreed that no deviation from <br /> the terms hereof shall be predicated upon any prior representations or agreements, <br /> whether oral or written. It is further agreed that no modification, amendment, or alteration <br /> 4 <br /> 146 <br />