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10 . 6 Availability of Funds . The obligations of the COUNTY under this <br /> Agreement are subject to the availability of funds lawfully appropriated for its purpose by <br /> the Board of County Commissioners of Indian River County . <br /> 10 . 7 No Pledge of Credit . The Consultant shall not pledge the COUNTY's <br /> credit or make it a guarantor of payment or surety for any contract , debt , obligation , <br /> judgment , lien or any form of indebtedness . <br /> 10 . 8 Public Records . The Consultant shall comply with the provisions of <br /> Chapter 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 <br /> writing and shall be served , as elected by the party giving such notice , by any of the <br /> following methods : (a ) Hand delivery to the other party ; ( b ) Delivery by commercial <br /> overnight courier service ; or (c) Mailed by registered or certified mail ( postage prepaid ) , <br /> return receipt requested at the addresses of the parties shown below: <br /> County : Indian River County <br /> Attn : Keith McCully, P . E . <br /> 184025 th Street <br /> Vero Beach , FL 32960-3365 <br /> Facsimile : ( 772 ) 778 -9391 <br /> Consultant : Carter Associates , Inc . <br /> 1708 21st Street <br /> Vero Beach , FL 32960-3472 <br /> Facsimile : ( 772 ) 562 - 7180 <br /> Notices shall be effective when received at the address as specified above . <br /> Facsimile transmission is acceptable notice effective when received , provided , however, <br /> that facsimile transmissions received ( i . e . , printed ) after 5 : 00 p . m . or on weekends or <br /> holidays , will be deemed received on the next day that is not a weeke d day or <br /> a <br /> holiday. The original of the notice must additionally be mailed . Either party may change <br /> its address , for the purposes of this section , by written notice to the other party given in <br /> accordance with the provisions of this section . <br /> 10 . 10 Survival . Except as otherwise expressly provided herein , each obligation <br /> in this Agreement to be performed by Consultant shall survive the termination or <br /> expiration of this Agreement . <br /> 10 . 11 Construction . The headings of the sections of this Agreement are for the <br /> purpose of convenience only, and shall not be deemed to expand , limit , or modify the <br /> provisions contained in such Sections . All pronouns and any variations thereof shall be <br /> deemed to refer to the masculine , feminine or neuter, singular or plural , as the identity <br /> of the party or parties may require . The parties hereby acknowledge anc agree that <br /> 12 <br /> F:\Public Works\KeithM\Administrative\Master Agreements for Stormwater Consultants\Master Consultant Contrac - CARTER <br /> ASSOCIATES Master Agreement - 3-3-2005 - Final Version .doc <br />