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If any legal action o[other proceeding is brought for the enforcement of this Agreement or because of an alleged disoute, breach, default or misrepresentation in connection with any provisions Of this Agreement, each party shall bear its own costs. 9.08 Severability. |fany term orprovision ofthis Agreement orthe application thereof toany person or circumstance ahaU, to any e/dent, be held invalid o, unenforceable for the nsnno\ndar of this Agreement, then the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be affected, and every other term and provision Vfthis Agreement shall bedeemed valid and enforceable tothe extent permitted bylaw. 9.07 Availability ofFunds. The obligations ofthe OWNER under this Agreement are subject to the availability of funds lawfully appropriated for its purpose by the Board of COUOh/ Commissioners of Indian River County. 9.08 NDPledge ofCredit. The CONTRACTOR shall not pledge the [)VVNER'scredit O[make b@ guarantor of payment or surety for any c0ntn3[t, debt, obligation, judgment, lien Or any fO[[O of indebtedness. 3.09 Public Records. Indian River County is public agency subject b]Chapter 118. Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor A. Keep and maintain public records required by the County to perform the service. B. Upon request from the County's Custodian of Public F<ecDPda. provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time atocost that does not exceed the cost provided in Chapter 119 or as otherwise provided by law. C. Ensure that public records that are exempt orconfidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the uorKnaut0r does not transfer the records tOthe County. D� Upon onmok*don of the contract, trgnsfer, at no cost, to the County all public neunnjs in possession of the Contractor or keep and maintain public records required by the County to perform the service. If the Contractor transfers all public records to the CDVDh/ upon completion ofthe contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the Counh/, upon request from the Custodian of Public Records, in a format that is compatible with the information technology systems of the County. E. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACTTHE CUSTODIAN OF PUBLIC RECORDS AT: (772) 226-1424 Section 00530-8