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9. Forum; Venue. This Agreement shall be governed by the laws of the State of <br />Florida. Any and all legal action necessary to enforce the Agreement will be held <br />in Indian River County or the Federal District Court for the Southern District of <br />Florida. No remedy herein conferred upon any party is intended to be exclusive of <br />any other remedy, and each and every such remedy shall be cumulative and shall <br />be in addition to every other remedy given hereunder or now or hereafter existing <br />by law or in equity or by statute or otherwise. No single or partial exercise by any <br />party of any right, power, or remedy hereunder shall preclude any other or further <br />exercise thereof. Parties hereby waive their right for a jury trial. <br />10. Lobbyist Certification. COMPANY warrants that it has not employed or retained <br />any company or person, other than a bona fide employee working solely for <br />COMPANY, to solicit or secure this Agreement and that it has not paid or agreed <br />to pay any person, company, corporation, individual, or firm, other than a bona fide <br />employee working solely for COMPANY, any fee, commission, percentage, gift, <br />or any other consideration contingent upon or resulting from the award or making <br />of this Agreement. <br />11. No Discrimination Certification. COMPANY warrants and represents that all of its <br />employees are treated equally during employment without regard to race, color, <br />religion, disability, sex, age, national origin, ancestry, marital status, or sexual <br />orientation. <br />12. Attorneys Fees. If any legal action or other proceeding is brought for the <br />enforcement of this Agreement, or because of an alleged dispute, breach, default or <br />misrepresentation in connection with any provisions of this Agreement, each party <br />shall bear its own costs. <br />13. Enforceability. If any term or provision of this Agreement, or the application <br />thereof to any person or circumstances, shall to any extent be held invalid or <br />unenforceable, the remainder of this Agreement, or the application of such terms or <br />provision, to persons or circumstances other than those as to which it is held invalid <br />or unenforceable, shall not be affected, and every other term and provision of this <br />Agreement shall be deemed valid and enforceable to the extent permitted by law. <br />The COMPANY's failure to maintain its job creation commitment or annual wage <br />level commitment for any one year will result in the decrease of the Grant amount <br />it was scheduled to receive for that year; however, such decrease will not preclude <br />the COMPANY's receipt of scheduled Grant amounts for those subsequent years <br />in which it is able to maintain its job creation and wage level commitment. <br />14. Assignment. COMPANY shall not, directly or indirectly, assign or transfer any <br />of its rights or obligations under this Agreement, or any interest therein (the <br />foregoing herein collectively "Transfer"), without the express prior written consent <br />of the Community Development Director. The Community Development Director <br />shall not unreasonably withhold its consent to any Transfer. Any such attempted <br />-8- <br />