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subject matter of the Agreement that are not contained in this document. Accordingly, it is <br />agreed that no deviation from the terms hereof shall be predicated upon any prior or <br />contemporaneous representations or agreements, whether oral or written. No alteration, <br />change, or modification of the terms of this Agreement shall be valid unless made in writing <br />and signed by the Consultant and the County. <br />10.3 Governing Law; Venue. This Agreement, including all attachments hereto, shall <br />be construed according to the laws of the State of Florida. Venue for any lawsuit brought by <br />either party against the other parry or otherwise arising out of this Agreement shall be in <br />Indian River County, Florida, or, in the event of federal jurisdiction, in the United States <br />District Court for the Southern District of Florida. <br />10.4 Remedies; No Waiver. All remedies provided in this Agreement shall be deemed <br />cumulative and additional, and not in lieu or exclusive of each other or of any other remedy <br />available to either parry, at law or in equity. Each right, power and remedy of the parties <br />provided for in this Agreement shall be cumulative and concurrent and shall be in addition to <br />every other right, power or remedy provided for in this Agreement or now or hereafter existing <br />at law or in equity or by statute or otherwise. The failure of either parry to insist upon <br />compliance by the other party with any obligation, or exercise any remedy, does not waive the <br />right to so in the event of a continuing or subsequent delinquency or default. A party's waver <br />of one or more defaults does not constitute a waiver of any other delinquency or default. If any <br />legal action or other proceeding is brought for the enforcement of this Agreement or because <br />of an alleged dispute, breach, default or misrepresentation in connection with any provisions <br />of this Agreement, each parry shall bear its own costs. <br />10.5 Severability. If any term or provision of this Agreement or the application thereof <br />to any person or circumstance shall, to any extent, be held invalid or unenforceable for the <br />remainder of this Agreement, then the application of such term or provision to persons or <br />circumstances other than those as to which it is held invalid or unenforceable shall not be <br />affected, and every other term and provision of this Agreement shall be deemed valid and <br />enforceable to the extent permitted by law. <br />1o.6 Availability of Funds. The obligations of the County under this Agreement are <br />subject to the availability of funds lawfully appropriated for its purpose by the Board of County <br />Commissioners of Indian River County. <br />10.7 No Pledge of Credit. The Consultant shall not pledge the County's credit or make <br />it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien or any <br />form of indebtedness. <br />1o.8 Public Records. County is a public agency subject to Chapter 119, Florida <br />Statutes. The Consultant shall comply with Florida's Public Records Law. Specifically, the <br />Consultant shall: <br />1o.8.1 Keep and maintain public records required by the County to perform the <br />service. <br />10.8.2 Upon request from the County's Custodian of Public Records, provide the <br />E <br />