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9. Forum: Venue. This Agreement shall be governed by the laws of the State of <br /> Florida. Any and all legal action necessary to enforce the Agreement will be held in <br /> Indian River County or the Federal District Court for the Southern District of <br /> Florida. No remedy herein conferred upon any party is intended to be exclusive of <br /> any other remedy,and each and every such remedy shall be cumulative and shall be <br /> in addition to every other remedy given hereunder or now or hereafter existing by <br /> law or in equity or by statute or otherwise. No single or partial exercise by any party <br /> of any right, power,or remedy hereunder shall preclude any other or further exercise <br /> thereof. Parties hereby waive their right for a jury trial. <br /> 10. Lobbyist Certification. COMPANY warrants that it has not employed or retained <br /> any company or person, other than a bona fide employee working solely for <br /> COMPANY,to solicit or secure this Agreement and that it has not paid or agreed to <br /> pay any person, company, corporation, individual, or firm, other than a bona fide <br /> employee working solely for COMPANY,any fee,commission,percentage,gift,or <br /> any other consideration contingent upon or resulting from the award or making of <br /> this Agreement. <br /> 11. No Discrimination Certification. COMPANY warrants and represents that all of its <br /> employees are treated equally during employment without regard to race, color, <br /> religion, disability, sex, age, national origin, ancestry, marital status, or sexual <br /> orientation. <br /> 12. Attorneys Fees. 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 <br /> shall bear its own costs. <br /> 13. Enforceability. If any term or provision of this Agreement,or the application thereof <br /> to any person or circumstances,shall to any extent be held invalid or unenforceable, <br /> the remainder of this Agreement, or the application of such terms or provision, to <br /> 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 /> The COMPANY's failure to maintain its job creation commitment or annual wage <br /> level commitment for any one year will result in the decrease of the Grant amount it <br /> was scheduled to receive for that year; however,such decrease will not preclude the <br /> COMPANY's receipt of scheduled Grant amounts for those subsequent years in <br /> which it is able to maintain its job creation and wage level commitment. <br /> 14. Assignment. COMPANY shall not,directly or indirectly,assignor transfer any of <br /> its rights or obligations under this Agreement, or any interest therein (the foregoing <br /> herein collectively "Transfer"), without the express prior written consent of the <br /> Community Development Director. The Community Development Director shall not <br /> unreasonably withhold its consent to any Transfer. Any such attempted Transfer <br /> without the express prior written Community Development Director consent shall be <br /> -7- <br />