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Email: jbrown@ircgov.com <br />and a copy to the County Attorney at the same address <br />Phone: (772) 226-1424 <br />Email: dreingold@ircgov.com <br />As to Company: <br />Indian River Sustainability Center, LLC <br />C/O Heartland Water Technology, Inc. (its Managing Partner) . <br />Attn: Earl Jones (CEO) <br />Tel: 978-549-8444 <br />Email: ejones@heartlandtech.com <br />and copies to: <br />Alain Castro, Managing Partner, IRED and Proximo <br />Phone: 312-767-7723 <br />Email: acastro@irecodistrict.com <br />Susan C. Portin <br />Phone: 617-953-0189 <br />Email: sportin@heartlandtech.com <br />10.9 Waivers. No provision of this Agreement shall be deemed waived without the express <br />written consent of the Party granting the waiver. The waiver by either Party of a default <br />or a breach of any provision of this Agreement by the other Party shall not operate or be <br />construed to operate as a waiver of any subsequent default or breach. The making or the <br />acceptance of a payment by either Party with knowledge of the existence of a default or <br />breach shall not operate or be construed to operate as a waiver of any subsequent default <br />or breach. <br />10.10 Entire Agreement, Modifications; Appendices. The provisions of this Agreement <br />(except captions), including the exhibits annexed hereto, shall (a) constitute' the entire <br />agreement between the Parties, superseding all prior or contemporaneous negotiations, <br />understandings or agreements and (b) not be modified in any respect except by express <br />written agreement executed by the Parties. The appendices attached hereto are <br />incorporated by reference. In the event of any conflict between the text of this Agreement <br />and such appendices, the text of this Agreement shall govern. <br />10.11 Headings. Captions and headings in this Agreement are for ease of reference only and do <br />not constitute a part of this Agreement. Captions and headings shall not be deemed to <br />affect the meaning or construction of any of the terms or provisions hereof. <br />Page 23 of 32 <br />