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subject to the Consultant's sole direction, supervision, and control. The <br /> Consultant shall exercise control over the means and manner in which it and its <br /> employees perform the work and in all respects the Consultant's relationship and <br /> the relationship of its employees to the County shall be that of an independent <br /> contractor and not as employees or agents of the County. The Consultant does <br /> not have the power or authority to bind the County in any promise, agreement or <br /> representation other than such power or authority which is specifically provided <br /> for in this Contract. <br /> H. The obligations of the County under this Contract are subject to;the availability of <br /> funds lawfully appropriated for its purpose by the Board of County <br /> Commissioners of Indian River County. <br /> I. The Consultant shall not pledge the County's credit or make it a guarantor of <br /> payment or surety for any contract, debt, obligation, judgment, lien or any form of <br /> indebtedness. The Consultant further warrants and represents that it has no <br /> obligation or indebtedness that would impair its ability to fulfill the terms of this <br /> Contract. <br /> J. If any term or provision of this Contract or the application thereof to any person or <br /> circumstance shall, to any extent, be held invalid or unenforceable for the <br /> remainder of this Contract, then the application of such term or provision to <br /> persons or circumstances other than those as to which it is held invalid or <br /> unenforceable shall not be affected, and every other term and provision of this <br /> Contract shall be deemed valid and enforceable to the extent permitted by law. <br /> K. The County and the Consultant bind themselves and their respective successors <br /> and assigns to the other party to this Contract with respect to all duties, rights, <br /> responsibilities, obligations, provisions, conditions, and covenants of this <br /> Agreement. The County and the Consultant agree that the Consultant shall not <br /> assign, transfer, or delegate, either in whole or in part, its rights or duties under <br /> this Contract without the prior written consent of the County. The County has the <br /> absolute right to withhold or condition such consent. If the Consultant attempts to <br /> assign, transfer, or delegate its rights or duties without the County's consent, then <br /> the County may terminate this Contract, and any such purported assignment shall <br /> be null, void, and of no legal effect whatsoever. Nothing herein shall be construed <br /> as creating any personal liability on the part of any officer or agent of the County <br /> who may be a party hereto, nor shall it be construed as giving any rights or <br /> benefits hereunder to anyone other than the County or the Consultant. <br /> L. The validity, interpretation, construction, and effect of this Contract shall be in <br /> accordance with and governed by the laws of the State of Florida, only. Any and <br /> all legal action instituted because of this Contract shall be instituted in Indian River <br /> County, Florida. Any legal actions instituted under this Contract that are justifiable <br /> in federal court shall be instituted in the Southern District of Florida. No remedy <br /> herein conferred upon any party is intended to be exclusive of any other remedy <br /> and each and every such remedy shall be cumulative and shall be in addition to <br /> every such remedy given hereunder or now or hereafter existing at law or in equity <br /> or by statute or otherwise. No single or partial exercise by any party or any right, <br /> power, or remedy hereunder shall preclude any other or further exercise thereof. <br />