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i <br /> 11 . If any term or provision of this Agreement or the application thereof to any person <br /> or circumstance shall , to any extent , be held invalid or unenforceable for the remainder of this <br /> 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 <br /> other term and provision of this Agreement shall be deemed valid and enforceable to the <br /> extent permitted by law . <br /> 12 . Captions in this Agreement are included for convenience only and are not to be <br /> considered in any construction or interpretation of this Agreement or any of its provisions . <br /> Unless the context indicates otherwise , words importing the singular number include the <br /> plural number, and vice versa . Words of any gender include the correlative words of the <br /> other genders , unless the sense indicates otherwise . <br /> 13 . Each of Baytree and Marbrisa shall indemnify and save harmless the County , its <br /> agents , officials , and employees from and against any and all claims , liabilities , losses , <br /> damage , or causes of action which may arise from any misconduct , negligent act , or <br /> omissions of either Baytree , Marbrisa or any of their respective agents , officers , or employees <br /> in connection with the performance of this Agreement . <br /> 14 . Baytree and Marbrisa each agree to comply with the provisions of Chapter 119 , <br /> Florida Statutes ( Public Records Law) in connection with this Agreement . <br /> 15 , This Agreement may be executed in any number of counterparts , each of which <br /> shall be deemed an original and all of which shall constitute but one and the same document . <br /> IN WITNESS WHEREOF , the parties hereto have executed this Agreement as of the <br /> day and year first written above . <br /> INDIAN RIVER COUNTY <br /> BOARD OF COUNTY COMMISSIONERS <br /> Attest: J . K. Barton , Clerk <br /> By . <br /> ( Seal ) Deputy Clerk Wesley S . Davis, Vice - Chair=man <br /> Date BCC approved : November . 4 , 2008. <br /> APPROVED <br /> ( signatures continued • ,"e <br /> on next page ) ° <br /> Joseppek Baird , <br /> County Administrator <br /> Mt <br /> PP OVED AS TO FORM <br /> AEGA SEGA SUFFICIEIC <br /> M ' n E . Fell , <br /> Senior Assistant County Attorney <br /> 4 <br />