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otherwise arising out of this Agreement shall be in Indian River County, Florida, or, in the event of federal jurisdiction, in the United States District Court for the Southern District of Florida. The Associations liability under this Agreement shall be joint and several, and the compromise of any claim arising under this Agreement with, or the release of, either of the Associations shall not constitute a compromise with, or a release of, the other Borrower. 17. Background Recitals. The Background Recitals set forth above are true and correct and form a material part of this Agreement. 18. Presuit Mediation. In the event of a dispute between the parties, prior to the filing of any lawsuit, the parties shall (i) select a mutually acceptable certified mediator, and (ii) participate in good faith in mediation to attempt to resolve the dispute. Only if mediation proceeds to impasse without resolution of the dispute, may either party file a lawsuit relating to the dispute. 19. Sale of Beer and Wine. Associations shall be permitted to sell beer and wine at the County Fair so long as the Associations satisfy all of the requirements set forth in section 209.09, Indian River County Code of Ordinances. Such requirement includes satisfying any additional insurance and liability obligations required by the County Risk Manager, above and beyond those set forth in this Agreement, and the payment of required fees. IN WITNESS WHEREOF, the proper officials of County and Association have executed INDIAN RIVER COUNTY INDIAN RIVER COUNTY FAIR ASSOCIATION BOARD OF COUNTY COMMISSIONERS By: Bob Solari, Chairman BCC Approved: ATTEST: Jeffrey R. Smith Clerk of Court and Comptroller By: Deputy Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY Dylan Reingold, County Attorney By: Print name: Title: VERO BEACH FIREFIGHTERS ASSOCIATION, INC. By: Print name: Title: Approved By: Jason E. Brown, County Administrator this Agreement, effective on the date first written above. 29 Page 5 of 5