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Ij <br />delinquency or default. A party's waver of one or more defaults does not constitute a <br />waver of any other delinquency or default. If any legal action or other proceeding is <br />brought for the enforcement of this Agreement or because of an alleged dispute, breach, <br />default or misrepresentation in connection with any provisions of this Agreement, each <br />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 Agreement <br />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 Agreement <br />are subject to the availability of funds lawfully appropriated for its purpose by the Board <br />of County Commissioners of Indian River County. <br />10.7 No Pledge of Credit. The Consultant shall not pledge the COUNTY's credit <br />or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, <br />lien or any form of indebtedness. <br />10.8. Public Records. The Consultant shall comply with the provisions of Chapter <br />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 writing <br />and shall be served, as elected by the party giving such notice, by any of the following <br />methods: (a) Hand delivery to the other party; (b) Delivery by commercial overnight <br />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: Richard B. Szpyrka, P.E. <br />180127 th Street <br />Vero Beach, FL 32960-3365 <br />Email: rszpyrka(a-)_ircgov.com <br />Consultant: Aptim Environmental & Infrastructure, Inc. <br />Attn: Thomas P. Pierro, P.E. D.CE <br />2481 NW Boca Raton Boulevard <br />Boca Raton, FL 33431 <br />Email: thomas.pierro@aptim.com <br />10 <br />F:\Marketing\_Proposals\Florida Counties\Indian River\2017 Indian River County\Proposals\Sector 5 Vero Beach\ Contracting\3-7- <br />18 FEMA Beach Consulting Agreement Sector 5_DRAFT.DOCX <br />