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2005-274
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2005-274
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affected , and every other term and provision of this Agreement shall be deemed valid and <br /> enforceable to the extent permitted by law . <br /> 14 . AVAILABILITY OF FUNDS . The obligations of the County under this Agreement are <br /> subject to the availability of funds lawfully appropriated for its purpose by the Board of County <br /> Commissioners of Indian River County. <br /> 15 , NO PLEDGE OF CREDIT , The Auditor shall not pledge the County' s credit or make it a <br /> guarantor of payment or surety for any contract , debt , obligation , judgment , lien , or any form <br /> of indebtedness . <br /> 16 . PUBLIC RECORDS , The Auditor shall comply with the provisions of Chapter 119 , Florida <br /> Statutes ( Public Records Law) in connection with this Agreement . <br /> 17 . 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 ) Hand <br /> delivery to the other party ; ( b ) Delivery by commercial overnight courier service ; or ( c) Mailed <br /> by registered or certified mail ( postage prepaid ) , return receipt requested at the addresses of <br /> the parties shown below : <br /> County : Indian River County <br /> Attn : Diane Bernardo , Finance Director, Project Manager <br /> 184025 th Street , Vero Beach , FL 32960- 3365 <br /> Phone : ( 772 ) 226- 1205 ; Facsimile : ( 772 ) 770- 5331 <br /> Auditor: Harris , Cotherman , Jones , Price & Associates <br /> Attn : Robert R . Harris , Managing Director <br /> 5070 N . Highway A1A <br /> Vero Beach , FL 32963 <br /> Phone : ( 772 ) 234-8484 , Facsimile : (772 ) 234-8488 <br /> Notices shall be effective when received at the address as specified above . Facsimile <br /> transmission is acceptable notice effective when received , provided , however, that facsimile <br /> transmissions received ( i . e . , printed ) after 5 : 00 p . m . or on weekends or holidays , will be <br /> deemed received on the next day that is not a weekend day or a holiday . The original of the <br /> notice must additionally be mailed . Either party may change its address , for the purposes of <br /> this section , by written notice to the other party given in accordance with the provisions of this <br /> section . <br /> 18 . SURVIVAL . Except as otherwise expressly provided herein , each obligation in this <br /> Agreement to be performed by Auditor shall survive the termination or expiration of this <br /> Agreement . <br /> 19 . CONSTRUCTION . The headings of the sections of this Agreement are for the purpose of <br /> convenience only , and shall not be deemed to expand , limit , or modify the provisions <br /> contained in such Sections . All pronouns and any variations thereof shall be deemed to refer <br /> to the masculine , feminine or neuter, singular or plural , as the identity of the party or parties <br /> may require . The parties hereby acknowledge and agree that each was properly represented <br /> 6 <br />
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