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Indian River County Solid Waste Disposal District Solid Waste and Recyclables Franchise Agreement 28.7. Sovereign Immunity The SWDD reserves and does not waive any and all defenses provided to it by the laws of the State of Florida or other Applicable Law, and specifically reserves and does not waive the defense of sovereign immunity. 28.8. Richt to Reouire Performance The failure of the SWDD at any time to require performance by Franchisee of any provisions thereof shall in no way affect the right of the SWDD thereafter to enforce same. Nor shall waiver by the SWDD of any breach of any provision hereof be taken or held to be a waiver of any succeeding breech of such provision or as a waiver of and provision itself. 28.9. Modification This Agreement constitutes the entire agreement and understanding between the parties hereto, and it shall not be considered modified, altered, changed, or amended in any respect unless in writing and signed by the parties hereto. 28.10. Reservation of Rights The SWDD hereby expressly reserves the right to amend this Agreement, which may be necessary or proper to secure and protect the health, safety, moral, general welfare and accommodation of the public including, but not limited to, amendments related to rates, and to protect the public from danger and inconvenience in the management and operations of solid waste services business, and to provide such service as is contemplated by this Agreement. 28.11. Independent Franchisee It is understood and agreed that nothing herein contained is intended or should be construed as in any way establishing the relationship of co-partners or a joint venture between the parties hereto or as constituting Franchisee as an agent, representative or employee of the SWDD for any purpose whatsoever. Franchisee is to be, and shall remain, an independent contractor with respect to all services performed under this Agreement. Persons employed by Franchisee in the performance of services and functions pursuant to this Agreement shall have no claim to pension, workers' compensation, unemployment compensation, civil service or other employee rights or privileges granted to the SWDD's officers and employees either by operation of law or by the SWDD. 28.12. Governing Law, Venue The validity, construction and effect of this Agreement shall be governed by the laws of the State of Florida. Any claim, objection or dispute arising out of the terms of this Agreement shall be litigated in Indian River County, Florida or if in Federal Court then it is in the Southern District of Florida. 28.13. Public Access The Franchisee shall comply with Florida's Public Records Law in accordance with the provisions of Chapter 119, Florida Statutes. Specifically, the Franchisee shall keep and maintain public records that ordinarily and necessarily would be required by the SWDD in order to perform the service. The Franchisee shall provide the public with access to public records on the same terms and conditions that the SWDD would provide the records at a cost that does not exceed the costs provided in Chapter 119 or as otherwise provided by law. The Franchisee shall ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. The Franchisee shall meet all requirements for retaining public records and transfer, at no cost, to the SWDD, all public records in possession of the Franchisee upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the SWDD in a format that is compatible with the information technology systems of the County. 28.14. Waiver A waiver of any breach of any provision of this Agreement shall not constitute or operate as a waiver of any other breach of such provision or of any other provisions, nor shall any failure to enforce any provision hereof operate as a waiver of such provision or of any other provisions. 44