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2004-186E
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2004-186E
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10 . 6 Availability of Funds . The obligations of the SWDD under this Agreement are <br /> subject to the availability of funds lawfully appropriated for its purpose by the SWDD <br /> Board . <br /> 10 . 7 No Pledge of Credit . The Consultant shall not pledge the SWDD ' s credit or <br /> make the SWDD 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 Chapter <br /> 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 writing <br /> and shall be served , as elected by the party giving such notice , by any of the following <br /> methods : (a) Hand delivery to the other party ; (b) Delivery by commercial overnight courier <br /> service ; or (c) Mailed by registered or certified mail (postage prepaid ) , return receipt <br /> requested at the addresses of the parties shown below: <br /> SWDD : Indian River County, Solid Waste Disposal District <br /> Attn : Polly Kratman , Managing Director <br /> 132574 th Avenue SW <br /> Vero Beach , FL 32968 <br /> Facsimile : (772) 770-5296 <br /> Consultant: WCG/NEEL-SCHAFER , INC . <br /> Attn : David L . Wright, P . E . <br /> President <br /> 44th t1dS 1 �[ l � la� <br /> Vero Beach , FL 32960 _ 3 <br /> Telephone : (772 ) 7704707 <br /> Facsimile : (772 ) 7704640 <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 /> holidays , will be deemed received on the next day that is not a weekend day or a holiday . <br /> The original of the notice must additionally be mailed . Either party may change its <br /> address , for the purposes of this section , by written notice to the other party given in <br /> accordance with the provisions of this section . <br /> 10 . 10 Survival . Except as otherwise expressly provided herein , each obligation in <br /> this Agreement to be performed by Consultant shall survive the termination or expiration of <br /> this Agreement. <br /> 10 . 11 Construction . The headings of the sections of this Agreement are for the <br /> purpose of convenience only , and shall not be deemed to expand , limit, or modify the <br /> provisions contained in such Sections . All pronouns and any variations thereof shall be <br /> deemed to refer to the masculine , feminine or neuter, singular or plural , as the identity of <br /> 11 <br />
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