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every other right , power or remedy provided for in this Agreement or now or hereafter existing at law or in equity or by statute or otherwise . The failure of either party to insist upon compliance by the other party with any obligation , or exercise any remedy , does not waive the right to do so in the event of a continuing or subsequent delinquency or default . A party ' s waiver of one or more defaults does not constitute a waiver of any other delinquency or default . If any legal action or other proceeding is brought for the enforcement of this Agreement or because of an alleged dispute , breach , default , or misrepresentation in connection with any provisions of this Agreement , each party shall bear its own costs . 13 . SEVERABILITY . If any term or provision of this Agreement , or the application thereof to any person or circumstance shall , to any extent , be held invalid or unenforceable for the remainder of this Agreement , then the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be affected , and every other term and provision of this Agreement shall be deemed valid and enforceable to the extent permitted by law . 14 . AVAILABILITY OF FUNDS . The obligations of the County under this Agreement are subject to the availability of funds under the CDBG Grant Agreement . 15 , NO PLEDGE OF CREDIT . . The Contractor shall not pledge the County' s credit or make it a guarantor of payment or surety for any contract , debt , obligation , judgment , lien , or any form of indebtedness . 16 . PUBLIC RECORDS , The Contractor shall comply with the provisions of Chapter 119 , Florida Statutes ( Public Records Law) in connection with this Agreement . 17 . NOTICES . Any notice , request , demand , consent , approval , or other communication required or permitted by this Agreement shall be given or made in writing and shall be served , as elected by the party giving such notice , by any of the following methods : ( a ) Hand delivery to the other party ; or ( b) Delivery by commercial overnight courier service at the addresses of the parties shown below : County Indian River County Attn : Bob Keating , Community Development Director 1801 27th Street , Vero Beach , FL 32960 -3365 Phone : (772) 226 - 1254 ; Facsimile : ( 772 ) 978 - 1806 E- mail : bkeatingQircgov . com Contractor : Attn : Josh T . Patterson Environmental Services , Inc . 1410 Park Lane South , Suite 1 Jupiter , FL 33458 Phone : (561 ) 743- 5141 , Facsimile : (561 ) 743 - 5441 E- Mail : jPatterson 0 esinc . com 5