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Volusia County <br />Brevard County <br />St. Lucie County <br />Martin County <br />Indian River County <br />$50,000 <br />$50,000 <br />$50,000 <br />$50,000 <br />$50,000 <br />8.4 Additional Funding. Any gifts, grants, assistance fiends or bequests from any <br />source, public or private, will be in addition to the minimum funding contributions set forth <br />above. <br />8.5 Annual Approval. Each member of the Board of Directors agrees to use its best <br />efforts in securing the funding levels specified above through appropriate approvals from <br />appropriate legislative or governing body each fiscal year. The Parties, however, acknowledge <br />that any funding decisions remain within the sole discretion of each Party. Securing funding <br />approval by the Party will be considered a condition precedent to the funding obligations of the <br />Party each year. <br />ARTICLE 9 — DEFAULT <br />In the event any Party is determined to be in willful and significant noncompliance with <br />the terms of this Agreement, the Board of Directors may, by a 2/3rds vote of all Parties except <br />the Party charged with being in default, remove the non -complying Party from this Agreement. <br />Prior to any such vote by the Board of Directors, the non -complying Party will be given a notice <br />of its non-compliance and an opportunity to remedy the problem within a reasonable period or <br />through a public meeting before the Board of Directors if there is a dispute whether a default <br />exists. If a Party is found to be in noncompliance with permits by the applicable Regulatory <br />Agency(ies), the permitting agencies may take actions to enforce the permits against non- <br />complying Party under the agency's laws and regulations. If any Party is removed under this <br />Article, (i) any monies previously paid hereunder will be conclusively deemed earned and not <br />subject to return to such Party, (ii) any future funding responsibility of such Party will terminate, <br />and (iii) this Agreement will continue as to the remaining Parties. Provided, however, any funds <br />paid before removal not expended, will only be used by the IRL Council in accordance with the <br />approved budget for which such contribution was made. <br />ARTICLE 10 — NOTICE <br />Any and all notices required or permitted to be given hereunder will be in writing, and <br />will be considered delivered if the notice is either personally delivered to each Party at the <br />address set forth in Exhibit B, transmitted by electronic facsimile machine to the fax numbers <br />listed, or sent by U.S. certified or registered mail, postage prepaid, return receipt requested, to <br />10 <br />