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20 . 10 . 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 . 20 . 11 . 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 . 20 . 12 . No Pledge of Credit . M/A- COM 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 . 20 . 13 . Public Records . M/A-COM shall comply with the provisions of Chapter 119 , Florida Statutes ( Public Records Law) in connection with this Agreement . 20 . 14 . Survival . Except as otherwise expressly provided herein , each obligation in this Agreement to be performed by M/A- COM shall survive the termination or expiration of this Agreement . 20 . 15 . Construction . The headings of the sections of this Agreement are for the purpose of convenience only , and shall not be deemed to expand , limit , or modify the provisions contained in such Sections . All pronouns and any variations thereof shall be deemed to refer to the masculine , feminine or neuter, singular or plural , as the identity of the party or parties may require . The parties hereby acknowledge and agree that each was properly represented by counsel and this Agreement was negotiated and drafted at arm ' s - length so that the judicial rule of construction to the effect that a legal document shall be construed against the draftsperson shall be inapplicable to this Agreement 20 . 16 . 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 . 20 . 17 . Force Majeure . Neither party shall be held responsible for losses resulting if the performance of any term or provision of this Agreement is delayed or prevented by unforeseeable causes , including but not restricted to , acts of God , restraint of government , or for any other cause which is unavoidable through the exercise of due care , and beyond the control of the party who is to perform . 20 . 18 . Background Recitals . The Background Recitals are true and correct and form a material part of this Agreement . 12