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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. 0; � &k� f\ &'= - <br />(Seal) Deputy Clerk <br />(signatures continued <br />on next page) <br />Wesley S. Davis, Vice -Chairman <br />Date BCC approved: November .4, 2008. <br />APPROVED <br />Josep A. Baird, <br />Countv Administrator <br />Senior Assistant County Attorney <br />0 <br />