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B. Provide the public with access to public records on the same terms and conditions that the COUNTY would provide the records and at a cost that does not exceed the cost provided in chapter 119 or as otherwise provided by law. C. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. D Meet all requirements for retaining public records and transfer, at no cost, to the COUNTY all public records in possession of the CONTRACTOR upon termination of the Agreement and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the COUNTY in a format that is compatible with the information technology systems of the COUNTY. A. Failure of the CONTRACTOR to comply with these requirements shall be a material breach of this Agreement. The CONTRACTOR shall comply with the provisions of Chapter 119, Florida Statutes (Public Records, Law) in connection with this Agreement. 9.10 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: Roland M. DeBlois, AICP Chief, Environmental Planning and Code Enforcement Section 1801 27th Street Vero Beach, FL 32960 (772) 226-1258 Facsimile: (772) 978-1806 rdeblois@ircgov.com Contractor: Summerlin's Marine Construction, LLC Attn.: Joy Summerlin-Yancy 200 Naco Road # C Fort Pierce, FL 34949 (772) 201-6099 Facsimile: (772) 464-7470 Summerlin7cs@aol.com Notices shall be effective when received at the address as specified above. Facsimile transmission is acceptable notice effective when received, provided, however, that facsimile transmissions received (i.e., printed) after 5:00 p.m. or on weekends or holidays, will be deemed received on the next day that is not a weekend day or a holiday. 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. Page 6 of 8