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of payment from the POA in the amount of $22,500. The County shall pay the remainder <br />of the cost of the Generator System. <br />2. Payment. <br />The POA shall pay <br />the <br />County, in advance, $22,500 for <br />the Generator <br />System. The <br />parties acknowledge <br />and <br />agree that the POA payment of 75 <br />percent (75%) <br />of the cost of <br />the <br />Generator System <br />is a <br />not to exceed amount of $22,500. <br />of the party or <br />3. Maintenance. The County shall be responsible for maintenance of the Generator <br />System, as the County is the owner of the Generator System and the wastewater lift <br />station within the Old Savannah subdivision. <br />4. Permits. The County is responsible for obtaining all construction and operating permits <br />required for the construction, delivery, connection, and installation of the Generator <br />System. <br />5. Entire Agreement. This Agreement incorporates and includes all prior and <br />contemporaneous negotiations, correspondence, conversations, agreements or <br />understandings applicable to the matters contained herein and the parties agree that there <br />are no commitments, agreements, or understandings of any nature whatsoever concerning <br />the subject matter hereof that are not contained in this document. Accordingly, it is agreed <br />that no deviation from the terms hereof shall be predicated upon any prior or <br />contemporaneous representations or agreements, whether oral or written. No alteration, <br />change, or modification of the terms of this Agreement shall be valid unless made in <br />writing and signed by the POA and the County. <br />6. Governing Law and Jurisdiction: The validity, interpretation, construction, and effect of <br />this Agreement shall be in accordance with and governed by the laws of the State of <br />Florida, only. The location for settlement of any and all claims, controversies, or disputes, <br />arising out of or relating to any part of this Agreement, or any breach hereof, as well as any <br />litigation between the parties, shall be Indian River County, Florida for claims brought in <br />state court, and the Southern District of Florida for those claims justiciable in federal court. <br />7. Severability. In the event that any section, paragraph, sentence, clause, or provision of <br />this Agreement shall be held by a court of competent jurisdiction to be invalid, such holding <br />shall not affect the validity of the remaining portions of this Agreement, and the remaining <br />portions of this Agreement shall remain in full force and effect. <br />8. Construction. <br />The headings <br />of the sections of this Agreement <br />are for <br />the purpose of <br />convenience only, and shall not be deemed to expand, limit, or <br />modify <br />the provisions <br />contained in such sections. All <br />pronouns and any variations thereof shall <br />be deemed to <br />refer to the masculine, feminine <br />or neuter, singular or plural, as the <br />identity <br />of the party or <br />parties may require. <br />9. Availability of Funds. The obligations of the County under this Agreement are subject <br />to the availability of funds lawfully appropriated for its purpose by the Board of County <br />Commissioners of Indian River County. <br />2 <br />