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A TRUE COPY <br />CERTIFICATION ON LAST PAGE <br />RYAN L. BUTLER, CLERK <br />1801 27t1 Street, Building A <br />Vero Beach, Florida 32960 <br />City of Vero Beach: <br />Attn: City Manager <br />P.O. Box 1389 <br />Vero Beach, FL 32961-1389 <br />The parties will consider notice to be properly given if (1) personally delivered; (2) sent <br />by certified U.S. Mail, return receipt requested; or (3) sent by an overnight letter delivery <br />company. The parties will consider the effective date of notice to be the date personally <br />delivered; or, if sent by U.S. Mail, the date of postmark; or, if sent by an overnight letter delivery <br />company, the date the notice was picked up by the overnight letter delivery company from the <br />party giving notice. <br />10. Governing Law/Venue. The validity, interpretation, construction, and effect of <br />this agreement shall be in accordance with and governed by the laws of the State of Florida <br />only. The location for settlement of any and all claims, controversies, or disputes, arising out of <br />or relating to any part of this agreement, or any breach hereof, as well as any litigation between <br />the parties, shall be Indian River County, Florida for claims brought in state court, and the <br />Southern District of Florida for those claims justiciable in federal court. <br />11. Merger/Modification. This agreement incorporates and includes all prior and <br />contemporaneous negotiations, agreements, and understandings applicable to the matters <br />contained herein and the parties agree that there are no commitments, agreements, or <br />understandings concerning the subject matter of this agreement that are not contained herein. <br />It is further agreed that no modification or amendment in the terms and conditions contained <br />herein shall be effective unless contained in a written document signed by all parties. <br />12. Invalidity/Severability. If any term or provision of this agreement or the <br />application thereof to any person or circumstance shall, to any extent, be held invalid or <br />unenforceable for the remainder of this agreement, then the application of such term or <br />provision to persons or circumstances other than those as to which it is held invalid or <br />unenforceable shall not be affected, and every other term and provision of this agreement shall <br />be deemed valid and enforceable to the extent permitted by law. <br />IN WITNESS WHEREOF the parties hereto have executed this agreement as of the <br />date first written above. <br />K3 <br />