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waiver shall be effective unless made in writing and signed by an authorized representative of
<br />the waiving party.
<br />7. The parties agree that any litigation arising from this Agreement shall be brought in
<br />Indian River County Florida.
<br />8. In the event of acts or occurrences not caused by County or beyond the control of
<br />Concessionaire, including, without limitation, acts of God, fire, flood, hurricanes, ice storms,
<br />severe, unusual or unseasonable weather or climatological changes that prevents Concessionaire
<br />from performing its duties under this agreement, Concessionaire shall be excused from the
<br />performance under this Agreement during the period of such acts or occurrences and for
<br />reasonable times thereafter, unless Concessionaire and County can agree on such other duties
<br />that can be performed by Concessionaire. If Concessionaire is unable to perform its duties under
<br />this agreement for more than 15 consecutive days due to the acts or occurrences, County may
<br />terminate this agreement.
<br />9. In the event of the sale or other transfer of control over the Course, County will assign
<br />this Agreement to the purchaser or transferee, and upon such assignment and the written
<br />assumptions by the purchaser of all the obligations of County to Concessionaire hereunder,
<br />County shall be fully released and relieved of all obligations hereunder arising from and after the
<br />date of the assignment.
<br />10. Concessionaire shall be responsible for obtaining, and shall pay for, any such permits,
<br />fees, and licenses required to operate all business contemplated by this Agreement.
<br />11. Concessionaire agrees to maintain all books, documents, papers, records, and accounts
<br />pertaining to work performed under this Agreement, including property, personnel, and financial
<br />records, as are deemed necessary by the County to insure proper accounting for all funds
<br />expended under this Agreement and in such a manner as will readily conform to the terms of this
<br />Agreement. Said records and materials shall be available, upon request for audit or inspection
<br />purposes to Indian River County, its authorized representatives, and its auditors at
<br />Concessionaire's office at all reasonable times during the term of this Agreement, and for three
<br />(3) years from the date of final payment.
<br />12. Concessionaire agrees that it will not discriminate against any employee or applicant for
<br />employment for work under this Agreement because of race, color, religion, sex, age, national
<br />origin, or disability, and will take affirmative steps to ensure that applicants are employed and
<br />employees are treated during employment without regard to race, color, religion, sex, age,
<br />national origin or disability.
<br />13. It is agreed by the parties that, at all times and for all purposes within the scope of this
<br />Agreement, the relationship of Concessionaire to the County is that of independent contractor,
<br />and not that of employee.
<br />14. If any of the provisions contained in this Agreement are held for any reason to be invalid,
<br />illegal, or unenforceable in any respect, such invalid, illegal, or unenforceable provision shall not
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