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ARTICLE 11 MISCELLANEOUS
<br />11.1. This Agreement shall be construed according to the laws of the State of Florida. Venue
<br />for any lawsuit brought by either party against the other party or otherwise arising out of this
<br />Agreement shall be in Indian River County, Florida, or, in the event of federal jurisdiction, in
<br />the United States District Court for the Southern District of Florida.
<br />11.2. This Agreement incorporates and includes all prior and contemporaneous negotiations,
<br />correspondence, conversations, agreements or understandings applicable to the matters contained
<br />herein and the parties agree that there are no commitments, agreements, or understandings of any
<br />nature whatsoever concerning the subject matter hereof that are not contained in this document.
<br />Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior
<br />or contemporaneous representations or agreements, whether oral or written. No alteration, change,
<br />or modification of the terms of this Agreement shall be valid unless made in writing and signed by
<br />the Applicant and the County.
<br />11.3. 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
<br />Agreement, then the application of such term or provision to persons or circumstances other than
<br />those as to which it is held invalid or unenforceable shall not be affected, and every other term and
<br />provision of this Agreement shall be deemed valid and enforceable to the extent permitted by law.
<br />11.4. The Applicant shall not pledge the County's credit or make it a guarantor of payment or surety
<br />for any contract, debt, obligation, judgment, lien, or any form of indebtedness.
<br />11.5. Except as otherwise expressly provided herein, each obligation in this Agreement to be
<br />performed by Applicant shall survive the termination or expiration of this Agreement.
<br />11.6. The headings of the sections of this Agreement are for the purpose of convenience only,
<br />and shall not be deemed to expand, limit, or modify the provisions contained in such Sections.
<br />All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine or
<br />neuter, singular or plural, as the identity of the party or parties may require. The terms "hereof,
<br />"hereby", "herein", "hereto", and similar terms, refer to this Agreement
<br />11.7. If any legal action or other proceeding is brought for the enforcement of this Agreement or
<br />because of an alleged dispute, breach, default, or misrepresentation in connection with any
<br />provisions of this Agreement, each party shall bear its own costs.
<br />11.8. The Applicant shall comply with the applicable provisions of Chapter 119, Florida Statutes
<br />(Public Records Law) in connection with this Agreement.
<br />11.9. This Agreement may be executed in one or more counterparts, each of which shall be deemed
<br />to be an original copy and all of which shall constitute but one and the same instrument.
<br />11.10. The Background Recitals are true and correct and form a material part of this Agreement.
<br />11.11. Any notices required or allowed hereunder shall be in writing and given by certified mail,
<br />return receipt requested, or in person with proof of delivery, to the addresses below, or such other
<br />address as either party shall have specified by written notice to the other party delivered in
<br />accordance herewith:
<br />APPLICANT: Trevor Loomis, President and CEO
<br />Indian River Habitat for Humanity
<br />4568 N. US Hwy 1
<br />Vero Beach, FL 32967
<br />COUNTY: Indian River County Community Development Director
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