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parry or otherwise arising out of this Agreement shall be in Indian River County, Florida, or, in the event of <br />federal jurisdiction, in the United States District Court for the Southern District of Florida. <br />8.5 Remedies; No Waiver. All remedies provided in this Agreement shall be deemed cumulative and <br />additional, and not in lieu or exclusive of each other or of any other remedy available to either parry, at law <br />or in equity. Each right, power and remedy of the parties provided for in this Agreement shall be cumulative <br />and concurrent and shall be in addition to every other right, power or remedy provided for in this Agreement <br />or now or hereafter existing at law or in equity or by statute or otherwise. The failure of either party to insist <br />upon compliance by the other parry with any obligation, or exercise any remedy, does not waive the right <br />to so in the event of a continuing or subsequent delinquency or default. A party's waver of one or more <br />defaults does not constitute a waiver of any other delinquency or default. If any legal action or other <br />proceeding is brought for the enforcement of this Agreement or because of an alleged dispute, breach, <br />default or misrepresentation in connection with any provisions of this Agreement, each parry shall bear its <br />own costs. <br />8.6 Severability. If any term or provision of this Agreement or the application thereof to any person or <br />circumstance shall, to any extent, be held invalid or unenforceable for the remainder of this Agreement, <br />then the application of such term or provision to persons or circumstances other than those as to which it is <br />held invalid or unenforceable shall not be affected, and every other term and provision of this Agreement <br />shall be deemed valid and enforceable to the extent permitted by law. <br />8.7 Availability of Funds. The obligations of the COUNTY under this Agreement are subject to the <br />availability of funds lawfully appropriated for its purpose by the Board of County Commissioners of Indian <br />River County. <br />8.8 No Pledge of Credit. The CONTRACTOR shall not pledge the COUNTY's credit or make it a <br />guarantor of payment or surety for any contract, debt, obligation, judgment, lien or any form of <br />indebtedness. <br />8.9 Notices: Any notice, request, demand, consent, approval, or other communication required or <br />permitted by this Agreement shall be given or made in writing and shall be served, as elected by the party <br />giving such notice, by any of the following methods: (a) Hand delivery to the other party; (b) Delivery by <br />commercial overnight courier service; or (c) Mailed by registered or certified mail (postage prepaid), return <br />receipt requested at the addresses of the parties shown below: <br />County: Indian River County <br />Chuck Belcher <br />4305A 43rd Avenue <br />Vero Beach, FL 32967 <br />Facsimile: (772) 226-3495 <br />cbelcher@ircgov.com <br />Contractor: ACP Facility Services, Inc. <br />Michael White <br />1 Merrill Street <br />Woburn, MA 01801 <br />Facsimile: (781) 932-0589 <br />mwhite@acpcleaning.com <br />2 <br />