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defaults does not constitute a waver of any other delinquency or default. If any legal <br /> 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 <br /> provisions of this Agreement, each party shall bear its own costs. <br /> 10.5 Severability. If any term or provision of this Agreement or the application <br /> 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 <br /> Agreement shall be deemed valid and enforceable to the extent permitted by law. <br /> 10.6 Availability of Funds. The obligations of the COUNTY under this <br /> Agreement are subject to the availability of funds lawfully appropriated for its purpose by <br /> the Board of County Commissioners of Indian River County. <br /> 10.7 No Pledge of Credit. The Consultant shall not pledge the COUNTY's <br /> credit or make it a guarantor of payment or surety for any contract, debt, obligation, <br /> judgment, lien or any form of indebtedness. <br /> 10.8 Public Records. The Consultant shall comply with the provisions of <br /> Chapter 119, Florida Statutes (Public Records Law) in connection with this Agreement. <br /> 10.9 Notices: Any notice, request, demand, consent, approval, or other <br /> communication required or permitted by this Agreement shall be given or made in <br /> writing and shall be served, as elected by the party giving such notice, by any of the <br /> following methods: (a) Hand delivery to the other party; (b) Delivery by commercial <br /> overnight courier service; or (c) Mailed by registered or certified mail (postage prepaid), <br /> return receipt requested at the addresses of the parties shown below: <br /> Coun Indian River County <br /> Attn: Michael C. Hotchkiss, P.E. <br /> Capital Projects Manager <br /> 1840 25th Street <br /> Vero Beach, FL 32960-3365 <br /> Telephone: (772) 226-1821 <br /> Facsimile: (772) 770-5143 <br /> Consultant: Malcolm Pimie, Inc. <br /> Attn: Scott Shannon, P.E. <br /> 2301 Maitland Center Parkway, Suite 425 <br /> Maitland, FL 32751 <br /> Telephone: 914-694-2100 <br /> Facsimile: 914-694-9286 <br /> Notices shall be effective when received at the address as specified above. <br /> Facsimile transmission is acceptable notice effective when received, provided, however, <br /> that facsimile transmissions received (i.e., printed) after 5:00 p.m. or on weekends or <br /> 11 <br /> Smead5oft Reprint Date:Friday,May 13,2016-13:46:20-OfficialDocuments:4856,Attachment Id 1,Page 56 <br />