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2008-122
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2008-122
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5 . 9 . Termination for Default . The County shall have the right to terminate this <br /> Agreement if the County determines that the Contractor has not satisfactorily <br /> performed the service/work required , as determined by the County. In the event the <br /> County decides to terminate the Agreement for failure to perform satisfactorily, the <br /> County shall give the Contractor at least fifteen ( 15 ) days written notice before the <br /> termination takes effect. The fifteen-day period will begin upon the mailing of notice by the <br /> County. <br /> 5 . 10. Governing Law; Venue . This Agreement, including all attachments hereto, shall be <br /> construed according to the laws of the State of Florida . Venue for any lawsuit brought by <br /> either party against the other party or otherwise arising out of this Agreement shall be in <br /> Indian River County, Florida, or, in the event of federal jurisdiction , in the United States <br /> District Court for the Southern District of Florida . <br /> 5 . 11 . Remedies; No Waiver. All remedies provided in this Agreement shall be deemed <br /> cumulative and additional , and not in lieu or exclusive of each other or of any other remedy <br /> available to either party, at law or in equity. Each right, power and remedy of the parties <br /> provided in this Agreement shall be cumulative and concurrent and shall be in addition to <br /> every other right, power or remedy provided for in this Agreement or now or hereafter <br /> existing at law or in equity or by statute or otherwise. The failure of either party to insist <br /> upon compliance by the other party with any obligation , or exercise any remedy, does not <br /> waive the right to do so in the event of a continuing or subsequent delinquency or default. <br /> A party's waiver of one or more defaults does not constitute a waiver of any other <br /> delinquency or default. If any legal action or other proceeding is brought for the <br /> enforcement of this Agreement or because of an alleged dispute, breach , default, or <br /> misrepresentation in connection with any provisions of this Agreement, each party shall <br /> bear its own costs . <br /> 5 . 12 . Severability. If any term or provision of this Agreement, or the application thereof <br /> to any person or circumstance shall , to any extent, be held invalid or unenforceable for the <br /> remainder of this Agreement, then the application of such term or provision to persons or <br /> circumstances other than those as to which it is held invalid or unenforceable shall not be <br /> affected , and every other term and provision of this Agreement shall be deemed valid and <br /> enforceable to the extent permitted by law. <br /> 5. 13 No Pledge Of Credit. The Contractor shall not pledge the County's credit or make <br /> it a guarantor of payment or surety for any contract, debt, obligation , judgment, lien , or any <br /> form of indebtedness . <br /> 5 . 14. Public Records. The Contractor shall comply with the provisions of Chapter 119, <br /> Florida Statutes ( Public Records Law) in connection with this Agreement. <br /> 5 . 15 . Notices . Any notice, request, demand , consent, approval , or other communication <br /> required or permitted by this Agreement shall be given or made in writing and shall be <br /> served, as elected by the party giving such notice, by any of the following methods : (a ) <br /> Hand delivery to the other party; (b) Delivery by commercial overnight courier service; or <br /> (c) Mailed by registered or certified mail (postage prepaid ) , return receipt requested at the <br /> addresses of the parties shown below: <br /> 7 <br />
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