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INTERLOCAL AGREEMENT (Fire Inspection Services): Indian River County Emergency Services District & City of Fellsmere Page 5 of 6 This Agreement incorporates and includes all prior and contemporaneous negotiations, correspondence, conversations, agreements or understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings of any nature whatsoever concerning the subject matter of the Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior or contemporaneous representations or agreements, whether oral or written, unless the provisions of the parol evidence rule applies. SECTION 9. DISPUTES, GOVERNING LAW, VENUE. The parties shall negotiate in good faith to resolve any dispute arising under this Agreement or under any instrument made to carry out the terms of this Agreement. Failing resolution, the affected parties shall attempt to resolve the dispute by use of the Florida Governmental Conflict Resolution Act, section 164.101, Florida Statutes, et. seq. (the "Act"). Failing to resolve the issue through the process under the Act, either party may seek redress in a court of competent jurisdiction with each party bearing their own attorneys' fees and costs in any resolution of any dispute. This Agreement, including all attachments hereto, shall be construed according to the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or 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. SECTION 10. CONFLICT. To the extent of any conflict between this Agreement and any existing City or District agreement, this Agreement will be deemed to be controlling. This Agreement is not intended to amend or repeal any existing City or Indian River County ordinance. SECTION 11. SEVERABILITY. If any section, subsection, sentence, clause, phrase or portion of this Agreement is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such section, subsection, sentence, clause, phrase, or portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions of this Agreement. SECTION 12. RECORDATION. This Agreement shall be recorded in the Office of the Circuit Court in Indian River County. The City and the District shall share evenly in the costs of recordation of this Agreement. SECTION 13. EFFECTIVE DATE. This Agreement will become effective upon its filing with the Clerk of the Circuit Court of Indian River County, Florida, as required by Section 163.01 (11), Florida Statutes. (00121962.DOCX.1 ) Page 5 of 6