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Agreement or now or hereafter existing at law or in equity or by statute or otherwise. <br />The failure of either party to insist upon compliance by the other party with any <br />obligation, or exercise any remedy, does not waive the right to so in the event of a <br />continuing or subsequent delinquency or default. A party's waver of one or more <br />defaults does not constitute a waver of any other delinquency or default. If any legal <br />action or other proceeding is brought for the enforcement of this Agreement or because <br />of an alleged dispute, breach, default or misrepresentation in connection with any <br />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 <br />thereof to any person or circumstance shall, to any extent, be held invalid or <br />unenforceable for the remainder of this Agreement, then the application of such term or <br />provision to 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 />10.6 Availability of Funds. The obligations of the COUNTY under this <br />Agreement are subject to the availability of funds lawfully appropriated for its purpose by <br />the Board of County Commissioners of Indian River County. <br />10.7 No Pledge of Credit. The Consultant shall not pledge the COUNTY's <br />credit or make it a guarantor of payment or surety for any contract, debt, obligation, <br />judgment, lien or any form of indebtedness. <br />10.8 Public Records. The Consultant shall comply with the provisions of <br />Chapter 119, Florida Statutes (Public Records Law) in connection with this Agreement. <br />10.9 Notices: Any notice, request, demand, consent, approval, or other <br />communication required or permitted by this Agreement shall be given or made in <br />writing and shall be served, as elected by the party giving such notice, by any of the <br />following methods: (a) Hand delivery to the other party, (b) Delivery by commercial <br />overnight courier service; or (c) Mailed by registered or certified mail (postage prepaid), <br />return receipt requested at the addresses of the parties shown below: <br />County: Indian River County <br />Attn: Richard B. Szpyrka, P.E. <br />1801 27th Street <br />Vero Beach, FL 32960-3365 <br />Facsimile: (772) 770-5143 <br />Consultant: Masteller & Moler, Inc. <br />Attn: Stephen E. Moler, P.E. <br />1655 27th Street, Suite 2 <br />Vero Beach, FL 32960 <br />Fax: 772-794-1106 <br />Email: mastmolr@bellsouth.net <br />Page 10 of 12 <br />F:\PublicWorks\ENGINEERING DIVISION PROJECTS\1722 45th Street Resurfacing (58th Ave to 43rd Ave)\1-Admin\Agenda <br />ItemsWward of RFQ 2018012Wgreement.doc <br />