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misrepresentation in connection with any provisions of this Agreement, each party <br /> shall bear its own costs. <br /> 13. Enforceability. If any term or provision of this Agreement,or the application thereof <br /> to any person or circumstances, shall to any extent be held invalid or unenforceable, <br /> the remainder of this Agreement, or the application of such terms or provision, to <br /> persons or circumstances other than those as to which it is held invalid or <br /> unenforceable, shall not be affected, and every other term and provision of this <br /> Agreement shall be deemed valid and enforceable to the extent permitted by law. <br /> The COMPANY's failure to maintain its job creation commitment or annual wage <br /> level commitment for any one year will result in the decrease of the Grant amount it <br /> was scheduled to receive for that year; however, such decrease will not preclude the <br /> COMPANY's receipt of scheduled Grant amounts for those subsequent years in <br /> which it is able to maintain its job creation and wage level commitment. <br /> 14. Assignment. COMPANY shall not,directly or indirectly, assign or transfer any of <br /> its rights or obligations under this Agreement, or any interest therein(the foregoing <br /> herein collectively "Transfer"), without the express prior written consent of the <br /> Community Development Director. The Community Development Director shall not <br /> unreasonably withhold its consent to any Transfer. Any such attempted Transfer <br /> without the express prior written Community Development Director consent shall be <br /> null and void and may, at the option of the County Community Development <br /> Director, be deemed a Default under this Agreement. COMPANY acknowledges <br /> and agrees that the Community Development Director has the right, in granting or <br /> withholding consent to any Transfer, to consider, among other things, the financial <br /> responsibility and business reputation of the proposed assignee or transferee (the <br /> foregoing herein collectively"Transferee"); and any other items that the COUNTY <br /> Community Development Director, in his sole discretion, deems appropriate. <br /> If COMPANY seeks the Community Development Director's consent for a Transfer, <br /> COMPANY shall submit to the Community Development Director a written request <br /> therefore,accompanied by the following documentation: (i)the name,address,and <br /> telephone number of the proposed Transferee; (ii) a description of the business and <br /> jobs, including wages, to be created in COUNTY; and (iii) a financial statement or <br /> other reasonably detailed financial information concerning the proposed Transferee. <br /> If the Community Development Director withholds the consent to Transfer, <br /> COMPANY may appeal to the County Administrator. If the County Administrator <br /> withholds the consent to Transfer, COMPANY may appeal to the Board of County <br /> Commissioners. COMPANY acknowledges and agrees that: (a) the County <br /> Administrator or his designee, or the Indian River County Board of County <br /> Commissioners, has the right to request any additional information deemed <br /> necessary to make the decision relating to consent to the Transfer; and (b) if <br /> appealed to the Board of County Commissioners such request for a Transfer is <br /> expressly subject to the approval of the Transfer by the Board of County <br /> Commissioners, and such Transfer shall become effective only when signed by the <br /> -8- <br />