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Facsimile transmission is acceptable notice effective when received , provided , however , that facsimile transmissions received ( i . e . , printed) after 5 : 00 p . m . or on weekends or holidays , will be deemed received on the next day that is not a weekend day or a holiday . The original of the notice must additionally be mailed . Any party may change its address , for the purposes of this section , by written notice to the other parties given in accordance with the provisions of this section . 17 . INTERPRETATION AND JOINT PREPARATION . Should any of the provisions of this Agreement require judicial interpretation , it is agreed by the COUNTY , the CLERK , the TRUSTEES , and the FOUNDATION that the court interpreting or construing the same shall not apply a presumption that the terms of any such provision shall be more strictly construed against the party who itself or through its agents prepared the same . The COUNTY , the CLERK , the TRUSTEES , and the FOUNDATION acknowledge that the agents and attorneys of all parties have participated in the preparation of the provisions of this Agreement and that all terms have been negotiated by the parties . 18 . WAIVER . The waiver by the COUNTY , the CLERK , the TRUSTEES , or the FOUNDATION of any breach of or default under any term , covenant , or condition in this Agreement shall not be deemed a waiver of any subsequent breach or default under the same or any other term , covenant or condition contained herein . 19 . NO THIRD PARTY BENEFICIARY . The provisions of this Agreement are for the exclusive benefit of the parties hereto and not for the benefit of any specific third party , nor shall this Agreement be deemed to have conferred any rights , express or implied , upon any specific third party except as otherwise specifically provided for herein . 20 . LIBERAL CONSTRUCTION . This Agreement shall be liberally construed and interpreted to the extent possible to fully effectuate its purposes and intent . 21 . SUCCESSORS . This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assignees . 22 . AVAILABILITY OF FUNDS . The obligations of the COUNTY under this Agreement are subject to the availability of funds lawfully appropriated for its purpose by the Board of County Commissioners of Indian River County . 23 . NO PLEDGE OF CREDIT . Neither party to this Agreement shall pledge the credit of any other party to this Agreement , or make any party a guarantor of payment or surety for any contract , debt , obligation , judgment , lien , or any form of indebtedness . 24 . COUNTERPARTS , This Agreement may be executed in one or more counterparts , each of which shall be deemed to be an original copy and all of which shall constitute but one and the same instrument . 12