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This Agreement shall be governed by the laws of the State of Florida. If a dispute between the parties arises out of or relates to this Agreement the breach thereof, or any performance or obligation due hereunder, and if the dispute cannot be settled through direct negotiation, the parties agree first to try in good faith to settle the dispute by mediation administered by a mediator certified by the Florida Supreme Court before resorting to litigation. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Contract shall be in Indian River County, Florida, or in the event of federal jurisdiction, in the United States District Court for the Southern District of Florida. 4. Section XXVI added. Section XXVI is hereby added to the Master Agreement to read as follows: SECTION XXVI — REMEDIES FOR BREACH OF TERMS, SANCTIONS AND PENALTIES A. The occurrence of any of the following shall constitute a default by SURVEYOR and shall provide the COUNTY with a right to terminate this Agreement under Section XII in accordance with the requirements of this Section, in addition to pursuing any other remedies which the COUNTY may have under this Agreement or under law: 1. if in the COUNTY's opinion SURVEYOR is improperly performing work or violating any provision(s) of the Agreement; 2. if SURVEYOR neglects or refuses to correct defective work or replace defective parts or equipment, as directed by COUNTY pursuant to an inspection; 3. if in the COUNTY's opinion SURVEYOR's work is being unnecessarily delayed and will not be finished within the prescribed time; 4. if SURVEYOR assigns this Agreement or any money accruing thereon or approved thereon, in violation of the requirements set forth in Section XV; or 5. if SURVEYOR abandons the work, is adjudged bankrupt, or if he makes a general assignment for the benefit of his creditors, or if a trustee or receiver is appointed for SURVEYOR or for any of his property. B. COUNTY shall, before terminating the Agreement for any of the foregoing reasons, notify SURVEYOR in writing of the grounds for termination and provide SURVEYOR with seven (7) calendar days to cure the default to the reasonable satisfaction of the COUNTY. C. If the SURVEYOR fails to correct or cure within the time provided in the preceding Sub -Section B, COUNTY may terminate this Agreement as set forth in Section XII. Upon receiving such notification, SURVEYOR shall immediately cease all work hereunder and shall forfeit any further right to possess or occupy the site or any materials thereon; provided, however, that the COUNTY may authorize SURVEYOR to restore any work sites. D. The SURVEYOR shall be liable for: Page 2 of 4 28