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not an employee, agent or servant of the County. All persons engaged in any <br />of the Services performed pursuant to this Agreement shall at all times, and <br />in all places, be subject to Masterson's sole discretion, supervision, and <br />control. Masterson shall exercise control over the means and manner in which <br />Masterson and its employees perform the Services, and in all respects <br />Masterson's relationship and the relationship of its employees to the County <br />shall be that of an independent contractor performing solely under the terms <br />of the Agreement and not as employees, agents, or servants of the County. <br />D. Governing Law; Venue; Attorney Fees. This Agreement shall be construed, <br />governed and interpreted according to the laws of the State of Florida. Venue for <br />any lawsuit brought by either party against the other party or arising out of this <br />Agreement shall be in Indian River County, Florida or, in the event of federal <br />jurisdiction, in the United States District Court for the Southern District of Florida. <br />Each party shall bear its own attorney fees in any dispute arising under this <br />Agreement <br />E.Remedies; No Waiver. All remedies provided in this Agreement shall be <br />deemed cumulative and additional, and not in lieu or exclusive of each other <br />or of any other remedy available to either party, at law, or in equity. Each right, <br />power, remedy of the parties provided in this Agreement shall be cumulative <br />and concurrent and shall be in addition to every other right, power or remedy <br />provided for in this Agreement or now or hereafter existing at law or in equity <br />or by statute or otherwise. The failure of either party to enforce any provision of <br />this Agreement, or the waiver thereof, in any specific instance by either party <br />shall not be construed as a general waiver or relinquishment on its part of <br />such provision in any other instance, and such provision shall nevertheless <br />remain in full force andeffect. <br />F. Severability. If any term or provision of this Agreement, or the application thereof <br />to any person or circumstance shall, to any extent, be held invalid or unenforceable <br />for the remainder of this Agreement, then the application of such term or provision <br />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 />G. 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 <br />the Board of County Commissioners of Indian River County. <br />H. No Pledge of Credit. Masterson shall not pledge the County's credit or make <br />it a guarantor of payment or surety for any contract, debt, obligation, judgment, <br />lien or any form of indebtedness. <br />9 <br />