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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION <br />STATE HIGHWAY SYSTEM <br />PROJECT FUNDING AGREEMENT <br />any default which may then exist, on the part of the Agency, and the making of such payment by the Department <br />while any such breach or default shall exist shall in no way impair or prejudice any right or remedy available to <br />the Department with respect to such breach or default. <br />e. Governing Law. This Agreement shall be governed by and construed in accordance with the laws <br />of the State of Florida. <br />f. Sovereign Immunity. Nothing in this Agreement shall constitute a waiver by either party of its <br />sovereign immunity for any damages claimed by third parties. <br />g. Severability. If any provision of this Agreement is held invalid or unenforceable, the remaining <br />provisions shall be construed and enforced as if such invalid or unenforceable provision had not been contained <br />in this Agreement, unless the omission of the invalid or unenforceable provision would cause this Agreement to <br />violate any applicable law or fail its fundamental purpose. <br />h. Bonus or Commission. By execution of the Agreement the Agency represents that it has not <br />paid and, also, agrees not to pay, any bonus or commission for the purpose of obtaining an approval of the <br />financing hereunder. <br />i. Notices. Any notice, demand, or request which is required to be given under this Agreement in <br />writing shall be delivered to the following addresses: <br />If to the Department: <br />If to Agency: <br />Florida Department of Transportation - District Four <br />2300 West Commercial Blvd. <br />Fort Lauderdale, Florida 33309-3421 <br />Attn: Leos A. Kennedy, Jr. <br />With a copy to: Daniel Smith, P.E. <br />A second copy to: Office of the General Counsel <br />Indian River County <br />1801 27th Street <br />Vero Beach, Florida 32960 <br />Attn: Erik Ferguson <br />With a copy to: County Attorney <br />j. Agreement Format. All words used in this Agreement in the singular form shall extend to and <br />include the plural. All words used in the plural form shall extend to and include the singular. All words used in <br />any gender shall extend to and include all genders. <br />k. JURY TRIAL WAIVER. THE AGENCY AND THE DEPARTMENT HEREBY <br />IRREVOCABLY AND UNCONDITIONALLY WAIVE TRIAL BY JURY IN ANY LEGAL ACTION OR <br />PROCEEDING RELATING TO THIS AGREEMENT AND FOR ANY COUNTERCLAIM THEREIN. <br />Page 15 of 29 <br />100 <br />