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10 . 3 Governing Law; Venue , This Agreement , including all attachments hereto , <br /> shall be construed according to the laws of the State of Florida . Venue for any lawsuit <br /> brought by either party against the other party or otherwise arising out of this Agreement <br /> shall be in Indian River County , Florida , or, in the event of federal jurisdiction , in the United <br /> States District Court for the Southern District of Florida . <br /> 10 . 4 Remedies : No Waiver. All remedies provided in this Agreement shall be <br /> deemed cumulative and additional , and not in lieu or exclusive of each other or of any <br /> other remedy available to either party , at law or in equity. Each right , power and remedy of <br /> the parties provided for in this Agreement shall be cumulative and concurrent and shall be <br /> in addition to every other right, power or remedy provided for in this Agreement or now or <br /> hereafter existing at law or in equity or by statute or otherwise . The failure of either party <br /> to insist upon compliance by the other party with any obligation , or exercise any remedy , <br /> does not waive the right to so in the event of a continuing or subsequent delinquency or <br /> default. A party' s waver of one or more defaults does not constitute a waver 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 /> 10 . 5 Severability . If any term or provision of this Agreement or the application <br /> thereof to any person or circumstance shall , to any extent , be held invalid or unenforceable <br /> for the remainder of this Agreement, then the application of such term or provision to <br /> persons or circumstances other than those as to which it is held invalid or unenforceable <br /> shall not be affected , and every other term and provision of this Agreement shall be <br /> deemed valid and enforceable to the extent permitted by law. <br /> 10 . 6 Availability of Funds. The obligations of the COUNTY under this Agreement <br /> are subject to the availability of funds lawfully appropriated for its purpose by the Board of <br /> County Commissioners of Indian River County . <br /> 10 . 7 No Pledge of Credit. The Consultant shall not pledge the COUNTY' s credit <br /> or make it a guarantor of payment or surety for any contract , debt , obligation , judgment , <br /> 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 /> 11 <br /> FAPublic WorksUamesG\,Sectors 3 and 5 RFQ\FINAL AGREEMENTSWIaster Consultant Contract - Beach Restoration SOQ Master <br /> Agreement—Coastal Tech_FINAL.doc <br />