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written document, notwithstanding that a different term, location, and hours of operation would apply.
<br />10.6 Attorney's Fees. In the event of any legal action to enforce the terms of this Agreement each party shall
<br />bear its own attorney's fees and costs.
<br />10.7 Concessionaire is registered with and will use the Department of Homeland Security's E -Verify system
<br />(www.e-verify.gov) to confirm the employment eligibility of all newly hired employees for the duration of this
<br />agreement, as required by Section 448.095, F.S. Concessionaire is also responsible for obtaining proof of E -Verify
<br />registration and utilization for all subcontractors.
<br />10.8 Governing Law. This Agreement shall be deemed to have been executed and entered into in the State of
<br />Florida and this Agreement, and any dispute arising hereunder, shall be governed, interpreted and construed
<br />according to the laws of the State of Florida.
<br />10.9 Venue. Venue for any legal action brought by any party to this Agreement to interpret, construe or
<br />enforce this Agreement shall be in a court of competent jurisdiction in and for Indian River County, Florida, and
<br />any trial shall be non -jury.
<br />10.10 Public Entity Crimes. A person or affiliate who has been placed on the convicted vendor list following a
<br />conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public
<br />entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or
<br />public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform
<br />work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may not
<br />transact business with any public entity in excess of Category Two for a period of thirty-six (36) month from the
<br />date of being placed on the convicted vendor list. Concessionaire represents and warrants that no fact or
<br />circumstance exists which constitutes a violation of the above prohibitions.
<br />10.11 Modification. No modification of this Agreement shall be binding on the County or the Concessionaire
<br />unless reduced to writing and signed by a duly authorized representative of the County and the Concessionaire.
<br />10.12 Emergencies. In the case of a declared emergency in Indian River County by the Board of County
<br />Commissioners, the County retains the right to immediately resume occupation, management, and maintenance
<br />of the facility, to use the facility to meet any emergency needs of the citizens of Indian River County for the period
<br />of that emergency and a reasonable period of time thereafter as deemed necessary by the County.
<br />10.13 Force Majeure. Neither the County nor the Concessionaire shall be considered in breach of this
<br />Agreement to the extent that performance of their respective obligations (excluding payment obligations) is
<br />prevented by an Event of Force Majeure that arises after the effective date of this Agreement. An "Event of Force
<br />Majeure" shall include, but not be limited to an act of God (such as, but not limited to, fires, explosions,
<br />earthquakes, drought, tidal waves and floods); war, hostilities (whether declared or not), invasion, act of foreign
<br />enemies, mobilization, requisition, or embargo; rebellions, revolution, insurrection, or military or usurped power,
<br />or civil war; contamination by radioactivity from any nuclear fuel, or from any nuclear waste from the combustion
<br />of nuclear fuel, radioactive toxic explosive, or other hazardous properties of any explosive nuclear assembly or
<br />nuclear component of such assembly; riot, commotion, strikes, go slows, lock outs or disorder, unless solely
<br />restricted to employees of any supplier or of its subcontractors; or acts or threats of terrorism.
<br />10.14 Public Records Compliance. Indian River County is a public agency subject to Chapter 119, Florida Statutes.
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