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2018-075I
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2018-075I
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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 to <br />every other right, power or remedy provided for in this Agreement or now or hereafter existing <br />at law or in equity or by statute or otherwise. The failure of either party to insist upon <br />compliance by the other party with any obligation, or exercise any remedy, does not waive <br />the right to so in the event of a continuing or subsequent delinquency or default. A party's <br />waiver of one or more defaults does not constitute a waiver of any other delinquency or <br />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 persons or <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 County <br />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, or <br />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 of <br />this Agreement. <br />10.9 Construction. The headings of the sections of this Agreement are for the purpose <br />of 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 refer <br />to the masculine, feminine or neuter, singular or plural, as the identity of the parties or parties <br />may require. The parties hereby acknowledge and agree that each was properly represented <br />by counsel and this Agreement was negotiated and drafted at arm's-length so that the judicial <br />rule of construction to the effect that a legal document shall be construed against the <br />draftsperson shall be inapplicable to this Agreement. <br />10.10 Counterparts. This Agreement may be executed in one or more counterparts, each of <br />which shall be deemed to be an original copy and all of which shall constitute but one and the <br />same instrument. <br />
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