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A TRUE COPY <br />CERTIFICATION ON LAST PAGE <br />J.R. SMITH. CLERK <br />D Meet all requirements for retaining public records and transfer, at no cost, to the COUNTY all public <br />records in possession of the CONTRACTOR upon termination of the Agreement and destroy any <br />duplicate public records that are exempt or confidential and exempt from public records disclosure <br />requirements. All records stored electronically must be provided to the COUNTY in a format that is <br />compatible with the information technology systems of the COUNTY. <br />A. Failure of the CONTRACTOR to comply with these requirements shall be a material breach of this <br />Agreement. The CONTRACTOR shall comply with the provisions of Chapter 119, Florida Statutes (Public <br />Records Law) in connection with this 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 party <br />giving such notice, by any of the following methods: (a) Hand delivery to the other party; (b) Delivery by <br />commercial overnight courier service; or (c) Mailed by registered or certified mail (postage prepaid), return <br />receipt requested at the addresses of the parties shown below: <br />County: Indian River County <br />Attn: Roland M. DeBlois, AICP <br />Chief, Environmental Planning and Code Enforcement Section <br />1801 27th Street <br />Vero Beach, FL 32960 <br />(772) 226-1258 <br />Facsimile: (772) 978-1806 <br />rdeblois@ircgov.com <br />Contractor: Summerlin's Marine Construction, LLC <br />Attn.: Joy Summerlin-Yancy <br />200 Naco Road # C <br />Fort Pierce, FL 34949 <br />(772) 201-6099 <br />Facsimile: (772) 464-7470 <br />Summerlin7cs@aol.com <br />Notices shall be effective when received at the address as specified above. Facsimile transmission <br />is acceptable notice effective when received, provided, however, that facsimile transmissions received (i.e., <br />printed) after 5:00 p.m. or on weekends or holidays, will be deemed received on the next day that is not a <br />weekend day or a holiday. The original of the notice must additionally be mailed. Either party may change <br />its address, for the purposes of this section, by written notice to the other party given in accordance with <br />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 only, <br />and shall not be deemed to expand, limit, or modify the provisions contained in such Sections. All pronouns <br />and any variations thereof shall be deemed to refer to the masculine, feminine or neuter, singular or plural, <br />as the identity of the party or parties may require. The parties hereby acknowledge and agree that each was <br />Page 6 of 7 <br />