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or exercise any remedy, does not waive the right to so in the event of a continuing or subsequent <br />delinquency or default. A party's waver of one or more defaults does not constitute a waiver of any <br />other delinquency or default. If any legal action or other proceeding is brought for the enforcement <br />of this Agreement or because of an alleged dispute, breach, default or misrepresentation in <br />connection with any provisions of this Agreement, each party shall bear its own costs. <br />9.06 Severability. If any term or provision of this Agreement or the application thereof to any <br />person or circumstance shall, to any extent, be held invalid or unenforceable for the remainder of <br />this Agreement, then the application of such term or provision to persons or circumstances other <br />than those as to which it is held invalid or unenforceable shall not be affected, and every other term <br />and provision of this Agreement shall be deemed valid and enforceable to the extent permitted by <br />law. <br />9.07 Availability of Funds. The obligations of the OWNER under this Agreement are subject to <br />the availability of funds lawfully appropriated for its purpose by the Board of County Commissioners <br />of Indian River County. <br />9.08 No Pledge of Credit. The CONTRACTOR shall not pledge the OWNER's credit or make it <br />a guarantor of payment or surety for any contract, debt, obligation, judgment, lien or any form of <br />indebtedness. <br />9.09 Public Records. Indian River County is a public agency subject to Chapter 119, Florida <br />Statutes. The CONTRACTOR shall comply with Florida's Public Records Law. Specifically, the <br />CONTRACTOR shall: <br />A. Keep and maintain public records that ordinarily and necessarily would be required by the <br />OWNER in order to perform the service. <br />B. Provide the public with access to public records on the same terms and conditions that the <br />OWNER would provide the records and at a cost that does not exceed the cost provided in <br />chapter 119 or as otherwise provided by law. <br />C. Ensure that public records that are exempt or confidential and exempt from public records <br />disclosure requirements are not disclosed except as authorized by law. <br />D Meet all requirements for retaining public records and transfer, at no cost, to the OWNER <br />all public records in possession of the CONTRACTOR upon termination of the Agreement and <br />destroy any duplicate public records that are exempt or confidential and exempt from public <br />records disclosure requirements. All records stored electronically must be provided to the <br />OWNER in a format that is compatible with the information technology systems of the OWNER. <br />A. Failure of the CONTRACTOR to comply with these requirements shall be a material breach <br />of this Agreement. The CONTRACTOR shall comply with the provisions of Chapter 119, Florida <br />Statutes (Public Records Law) in connection with this Agreement. <br />9.10 Notices. Any notice, request, demand, consent, approval, or other communication required <br />or permitted by this Agreement shall be given or made in writing and shall be served, as elected by <br />the party giving such notice, by any of the following methods: (a) Hand delivery to the other party; <br />(b) Delivery bycommercial overnight courier service; or (c) Mailed by registered or certified mail <br />(postage prepaid), return receipt requested at the addresses of the parties shown below: <br />Section 00530-8 <br />