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9 . 5 . REMEDIES: NO WAIVER. All remedies provided in this Agreement shall be deemed <br /> cumulative and additional , and not in lieu or exclusive of each other or of any other remedy <br /> available to either party , at law or in equity. Each right , power and remedy of the parties <br /> provided in this Agreement shall be cumulative and concurrent and shall be in addition to <br /> every other right , power or remedy provided for in this Agreement or now or hereafter existing <br /> at law or in equity or by statute or otherwise . The failure of either party to insist upon <br /> compliance by the other party with any obligation , or exercise any remedy , does not waive the <br /> right to do so in the event of a continuing or subsequent default . A party' s waiver of one or <br /> more defaults does not constitute a waver of any other default . If any legal action or other <br /> proceeding is brought for the enforcement of this Agreement or because of an alleged <br /> dispute , breach , default , or misrepresentation in connection with any provisions of this <br /> Agreement , each party shall bear its own costs . <br /> 9 . 6 . SEVERABILITY. If any term or provision of this Agreement , or the application thereof to <br /> any person or circumstance shall , to any extent, be held invalid or unenforceable for the <br /> remainder of this Agreement , then the application of such term or provision to persons or <br /> circumstances other than those as to which it is held invalid or unenforceable shall not be <br /> affected , and every other term and provision of this Agreement shall be deemed valid and <br /> enforceable to the extent permitted by law. <br /> 9 . 7 . AVAILABILITY OF FUNDS. The obligations of the County under this Agreement are <br /> subject to the availability of funds lawfully appropriated for its purpose by the Board of County <br /> Commissioners of Indian River County . <br /> 9 . 8 , NO PLEDGE OF CREDIT. FSC shall not pledge the County's credit or make it a <br /> guarantor of payment or surety for any contract , debt , obligation , judgment , lien , or any form <br /> of indebtedness . <br /> 9 . 9 . PUBLIC RECORDS. FSC shall comply with the provisions of Chapter 119 , Florida <br /> Statutes ( Public Records Law) in connection with this Agreement . <br /> 9 . 10 . NOTICES. Any notice , request , demand , consent , approval , or other communication <br /> required or permitted by this Agreement shall be given or made in writing and shall be served , <br /> as elected by the party giving such notice , by any of the following methods : (a ) Hand delivery <br /> to the other party ; ( b ) Delivery by commercial overnight courier service ; or ( c ) Mailed by <br /> registered or certified mail (postage prepaid ) , return receipt requested at the addresses of the <br /> parties shown below: <br /> County : Indian River County <br /> Attn : Jason Brown , OMB Director <br /> 1840 25th Street , Vero Beach , FL 32960-3365 <br /> Phone : ( 772 ) 226- 1214 ; Facsimile : (772 ) 770-5331 <br /> 7 <br />