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prosecution or fulfillment of the service hereunder and the character, quality; amount and <br />value thereof; and his decision upon all claims, questions and disputes shall be final and <br />conclusive upon the parties hereto. <br />16. ASSIGNMENT <br />This Agreement may not be assigned or transferred by the AGENCY in whole or part without <br />the consent of the DEPARTMENT. <br />17. LAWS GOVERNING <br />This Agreement shall be governed by and construed in accordance with the laws of the <br />State of Florida. In the event of a conflict between any portion of the contract and Florida <br />law, the laws of Florida shall prevail. The AGENCY agrees to waive forum and venue and <br />that the DEPARTMENT shall determine the forum and venue in which any dispute under <br />this agreement is decided. <br />18. NOTICES <br />Any and all notices given or required under this Agreement shall be in writing and either <br />personally delivered with receipt acknowledgement or sent by certified mail, return receipt <br />requested. All notices shall be sent to the following addresses. <br />If to the DEPARTMENT: <br />State of Florida Department of Transportation <br />3400 West Commercial Blvd. <br />Ft. Lauderdale, FL 33309-3421 <br />Attention: Elisabeth A. Hassett, R.L.A. <br />FDOT District IV Landscape Architect <br />19. LIST OF EXHIBITS <br />Exhibit A: <br />Exhibit B: <br />Exhibit C: <br />Exhibit D: <br />If to the AGENCY: <br />Indian River County <br />1801 27th Street <br />Vero Beach, Florida 32960 <br />Attention: Christopher R. Mora <br />Title: Public Works Director <br />Roadway Project Location and Landscape Improvements <br />Maintenance Boundaries <br />Landscape Improvement Plans <br />Maintenance Plan for Landscape Improvements <br />Approximate Cost for Landscape Improvements <br />S \Transportation Development\PM\PA\Landscape Architecture\AGREEMENTS\1 MOA\INDIAN RIVER <br />COUNTY\IndianRiver_SR 5_228583.2\IndianRiver SR5_228583-2&228582-4(11-13-14) docx <br />Page 8 of 20 <br />