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12.8 Public Records. The Consultant shall comply with the provisions of Chapter 119, Florida Statutes (Public Records Law) in connection with this Agreement. 12.9 Notices: Any notice, request, demand, consent, approval, or other communication required or permitted by this Agreement shall be given or made in writing and shall be served, as elected by the party giving such notice, by any of the following methods: (a) Hand delivery to the other party; (b) Delivery by commercial overnight courier service; or (c) Mailed by registered or certified mail (postage prepaid), return receipt requested at the addresses of the parties shown below: County: Indian River County Attn: Keith McCully, P.E. 1801 27th Street Vero Beach, FL 32960 Consultant: Van Ert, Nemato and Associates, LLC Attn: Dr. Matthew Van Ert 5400 25"' Street SW Vero Beach, FL 32968 Notices shall be effective when received at the address as specked above. The original of the notice must additionally be mailed. Either party may change its address, for the purposes of this Section, by written notice to the other party given in accordance with the provisions of this Section. 12.10 Survival. Except as otherwise expressly provided herein, each obligation in this Agreement to be performed by Consultant shall survive the termination or expiration of this Agreement. 12.11 Construction. The headings of the Sections of this Agreement are for the purpose of convenience only, and shall not be deemed to expand, limit, or modify the provisions contained in such Sections. All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine or neuter, singular or plural, as the identity of the party or parties may require. The parties hereby acknowledge and agree that each was properly represented by counsel (or had the opportunity to be represented by counsel) and this Agreement was negotiated and drafted at arm's-length so that the judicial rule of construction to the effect that a legal document shall be construed against the draftsperson shall be inapplicable to this Agreement 12.12 Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original copy and all of which shall constitute but one and the same instrument. [The remainder of this page was left blank intentionally.] 11 CAUsersWtatt Van ER\Desktop\IRC_VEN_AS_RB_Project\Budget and SOW\.SOW and Budget Revision Aug=16W1APS Agreement.doc 261