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the right to so in the event of a continuing or subsequent delinquency or default. A party's waiver of one or more defaults does not constitute a waiver of any other delinquency or default. If any legal action or other proceeding is brought for the enforcement of this CONTRACT or because of an alleged dispute, breach, default, or misrepresentation in connection with any provisions of this CONTRACT, each party shall bear its own costs. 10.5 Severability: If any term or provision of this CONTRACT or the application thereof to any person or circumstance shall, to any extent, be held invalid or unenforceable for the remainder of this CONTRACT, then the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be affected, and every other term and provision of this CONTRACT shall be deemed valid and enforceable to the extent permitted by law. 10.6 Availability of Funds: The obligations of the COUNTY under this CONTRACT are subject to the availability of funds lawfully appropriated for its purpose by the Board of County Commissioners of Indian River County. 10.7 No Pledge of Credit: The CONSULTANT shall not pledge the COUNTY's credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or anyform of indebtedness. 10.8 Survival: Except as otherwise expressly provided herein, each obligation In this CONTRACT to be performed by CONSULTANT shall survive the termination or expiration of this CONTRACT. 10.9 Construction: The headings of the sections of this CONTRACT are for the purpose of convenience only, and shall not be deemed to expand, limit, or modify the provisions contained in such sections. All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine or neuter, singular or plural, as the identity of the parties or parties may require. The parties hereby acknowledge and agree that each was properly represented by counsel and this CONTRACT was negotiated and drafted at arm's-length so that the judicial rule of construction to the effect that a legal document shall be construed against the draftsperson shall be inapplicable to this CONTRACT. 10.10 Counterparts: This CONTRACT may be executed in one or more counterparts, each of which shall be deemed to be an original copy and all of which shall constitute but one and the same instrument. 10.11 Notices: Unless otherwise requested, any notices hereunder shall be provided by hand delivery, certified U.S. Mail (return receipt requested) or by a nationally -recognized delivery service (with proof of delivery) to the other Party in writing at the address specified in the opening paragraph hereof. Additionally, a corporate officer of CONSULTANT or the on-site superintendent in charge of the Project are appropriate persons to receive notice on behalf of CONSULTANT. 10.12 Public Records Compliance: Indian River County is a public agency subject to Chapter 119, Florida Statutes. The CONSULTANT shall comply with Florida's Public Records Law. All documents, including but not limited to, letters, memos, e-mails, computer files, photographs, drawings, tracings, plans, specifications, maps, evaluations, reports and other records and data of any type relating to the Project prepared or developed by CONSULTANT under this CONTRACT are public records subject to Florida Statutes Chapter 119 and shall not 10