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Facsimile : ( 205 ) 307 - 6813 Facsimile : ( xxx ) xxx -xxxx To COUNTY : With a copy to : Indian River County Utilities Indian River Countv Utilities Attn : Art Reisfeld Attn : Jeff Smith Customer Service Mgr . Assistant Director 184025 1h Street 184025 1h Street Vero Beach , Florida 32960 Vero Beach , Florida 32960 Telephone : ( 561 ) 770 - 5310 Telephone : ( 561 ) 770 - 5323 Facsimile : ( 561 ) 770 - 5318 Facsimile : ( 561 ) 770 - 5318 B . Facsimiles and Emails Do NOT Discharge Notice Requirements - A copy of any notice , request , instruction , demand , consent , or other communication required or permitted to be given under this Contract may also be sent via facsimile and /or email . However , delivery via facsimile and /or email shall not constitute an alternative or substitute means of delivery ( i . e . , notice must still be sent via hand delivery , overnight mail , or certified mail return receipt requested as set forth , above ) . Article 41 . Severability - In the event that any provision of this Contract shall be held unconscionable , unenforceable , or void for any reason by any tribunal of competent jurisdiction , it is agreed that the provision in question shall be modified to eliminate the elements of concern to the tribunal and , as modified , shall be binding on the parties hereto . The remaining provisions shall not be affected by the action of any tribunal or modification of such provision , and shall remain in full force and effect . Article 42 . Attorneys ' Fees - The prevailing party in any litigation , arbitration or mediation relating to this Contract shall be entitled to recover its reasonable attorneys ' fees and costs from the other party for all matters including , but not limited to , appeals . Article 43 . Article Headings For Convenience Only - The Article headings , and underlined Subarticle headings , hereof are inserted for convenience of reference only , are not a part hereof, and shall have no effect on the construction or interpretation of this Contract . Article 44 . Proposal Exhibits - All Exhibits are included and shall be made a part of this proposal . Article 45 . Contractor Responsibilities - Contractor, by submitting a proposal , certifies that it understands that all planning , coordinating , and implementation of the described services shall be done through personal contact between the Contractor and County ' s designated representative , and that telephone contact and mail correspondence may , in some cases , not be appropriate . County- approved representatives of the Contractor shall be available to meet with County ' s designated representative , as may be required to accomplish County ' s objectives , during each phase of this Contract . Article 46 . Insurance - indianrivercontract4001 . doc Page 11 of 25 Document last printed 05/ 18/00 10 : 39 AM