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in lieu or exclusive of each other or of any other remedy available to either party, at law or in equity. If any legal action or other proceeding is brought for the enforcement of this Agreement or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this Agreement, each party shall bear its own costs. 4. If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be held invalid or unenforceable for the remainder of this Agreement, 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 Agreement shall be deemed valid and enforceable to the extent permitted by law. • Written Notices Any notice of cancellation of this contract shall be in writing and given by certified mail, return receipt requested, or in person with proof of delivery, to the addresses below, or such other address as either party shall have specified by written notice to the other party delivered in accordance herewith: Consultant: County: • Termination Steve Tindale Tindale -Oliver & Associates, Inc. 1000 North Ashley Drive Suite 400 Tampa, FL 33602-3719 Stan Boling, AICP Community Development Director Indian River County 1801 27th Street Vero Beach, FL 32960 Fax #: (772) 978-1806 Phone #: (772) 226-1253 1. This Agreement may be terminated: 1) by County, for any reason, upon thirty (30) days prior written notice to Consultant; or 2) by Consultant, for any reason, following thirty (30) days prior written notice to County; or 3) by the mutual agreement of the parties; or 4) as may otherwise be provided below. In the event of the termination of this Agreement, any liability of one party to the other arising out of any Services rendered, or for any act or event occurring prior to the termination, shall not be terminated or released. 2. In the event of termination by County, County's sole obligation to Consultant shall be payment for those portions of satisfactorily completed performed work previously authorized. Such payment shall be determined on the basis of the hours of work performed by Consultant, or the percentage of work complete as estimated by Consultant and agreed upon by County up to the time of termination. In the event of such termination, County 4 F:\Community Development\Impact Fee\IMPACT FEE STUDIES \20I8 Update\Consultant Contract\2019 Impact Fee Contract - FINAL.doc