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10 <br /> Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon. <br /> any prior or contemporaneous representations or agreements, whether oral or written. No <br /> alteration, change, or modification of the terms of this Agreement shall be valid unless <br /> made in writing and signed by the CONSULTANT and the COUNTY. <br /> 10.3 Governing Law; Venue. This Agreement, including all attachments hereto, shall be <br /> construed according to the laws of the State of Florida. Venue for any lawsuit brought by <br /> either party against the other party or otherwise arising out of this Agreement shall be in <br /> Indian River County, Florida, or, in the event of federal jurisdiction, in the United States <br /> District Court for the Southern District of Florida. <br /> 10.4 Remedies; No Waiver. All remedies provided in this Agreement shall be deemed <br /> cumulative and additional, and not in lieu or exclusive of each other or of any other remedy <br /> available to either party, at law or in equity. Each right, power and remedy of the parties <br /> provided for in this Agreement shall be cumulative and concurrent and shall be in addition <br /> to every other right, power or remedy provided for in this Agreement or now or hereafter <br /> existing at law or in equity or by statute or otherwise. The failure of either party to insist <br /> upon compliance by the other party with any obligation, or exercise any remedy, does not <br /> waive the right to so in the event of a continuing or subsequent delinquency or default. A <br /> party's waiver of one or more defaults does not constitute a waiver of any other delinquency <br /> or default. If any legal action or other proceeding is brought for the enforcement of this <br /> Agreement or because of an alleged dispute, breach, default, or misrepresentation in <br /> connection with any provisions of this Agreement, each party shall bear its own costs. <br /> 10.5 Severability. If any term or provision of this Agreement or the application thereof to <br /> any person or circumstance shall, to any extent, be held invalid or unenforceable for the <br /> remainder of this Agreement, then the application of such term or provision to personsor <br /> circumstances other than those as to which it is held invalid or unenforceable shall not be <br /> affected, and every other term and provision of this Agreement shall be deemed valid and <br /> enforceable to the extent permitted by law. <br /> 10.6 Availability of Funds. The obligations of the COUNTY under this Agreement are <br /> subject to the availability of funds lawfully appropriated for its purpose by the Board of <br /> County Commissioners of Indian River County. <br /> 10.7 No Pledge of Credit. The CONSULTANT shall not pledge the COUNTY's credit or <br /> make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, <br /> or anyform of indebtedness. <br /> 10.8 Survival. Except as otherwise expressly provided herein, each obligation In this <br /> Agreement to be performed by CONSULTANT shall survive the termination or expiration <br /> of this Agreement. <br /> 10.9 Construction. The headings of the sections of this Agreement are for the purpose of <br /> convenience only, and shall not be deemed to expand, limit, or modify the provisions <br /> contained in such sections. All pronouns and any variations thereof shall be deemed to <br /> refer to the masculine, feminine or neuter, singular or plural, as the identity of the parties <br /> or parties may require. The parties hereby acknowledge and agree that each was properly <br /> represented by counsel and this Agreement was negotiated and drafted at arm's-length so <br /> that the judicial rule of construction to the effect that a legal document shall be construed <br /> against the draftsperson shall be inapplicable to this Agreement. <br />