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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 by commercial 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 /> 43 <br />