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publicrecords@ircgov.com <br />Indian River County Office of the County Attorney <br />180127 th Street <br />Vero Beach, FL 32960 <br />F. Failure of the Contractor to comply with these requirements shall be a material breach of this <br />Agreement. <br />9.10 Notices. Any notice, request, demand, consent, approval, or other communication required or <br />permitted by this Agreement shall be given or made in writing and shall be served, as elected by the <br />party giving such notice, by any of the following methods: (a) Hand delivery to the other party; (b) <br />Delivery by commercial overnight courier service; or (c) Mailed by registered or certified mail (postage <br />prepaid), return receipt requested at the addresses of the part�es.shown below: <br />County: Indian River County <br />Attn: Arjuna Weragoda, P.E. <br />1801 27th Street <br />Vero Beach, FL 32960 <br />Contractor: All Webbs Enterprises, Inc. <br />David Webb, Jr. <br />309 Commerce Way <br />Jupiter, FL 33458 <br />Notices shall be effective when received at the address as specified above. Facsimile <br />transmission is acceptable notice effective when received, provided, however, that facsimile <br />transmissions received (i.e., printed) after 5:00 p.m. or on weekends or holidays, will be deemed <br />received on the next day that is not a weekend day or a holiday. The original of the notice must <br />additionally be mailed. Either party may change its address, for the purposes of this section, by written <br />notice to the other party given in accordance with the provisions of this section. <br />9.11 Survival. Except as otherwise expressly provided herein, each obligation in this Agreement to be <br />performed by CONTRACTOR shall survive the termination or expiration of this Agreement. <br />9.12 Construction. The headings of the sections of this Agreement are for the purpose of convenience <br />only, and shall not be deemed to expand, limit, or modify the provisions contained in such Sections. All <br />pronouns and any variations thereof shall be deemed to refer to the masculine, feminine or neuter, <br />singular or plural, as the identity of the party or parties may require. The parties hereby acknowledge <br />and agree that each was properly represented by counsel and this Agreement was negotiated and <br />drafted at arm's length so that the judicial rule of construction to the effect that a legal document shall <br />be construed against the draftsperson shall be inapplicable to this Agreement <br />9.13 Counterparts. This Agreement may be executed in one or more counterparts, each of which <br />shall be deemed to be an original copy and all of which shall constitute but one and the same instrument. <br />9.14 Sovereign Immunity. Nothing in this Agreement is intended to, or shall be interpreted to, <br />constitute a waiver or limitation of the OWNER's sovereign immunity.IN WITNESS WHEREOF, <br />OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been <br />Section 00530-9 <br />