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either party , or in any instruments delivered pursuant hereto or in connection herewith , shall survive the Closing Date and the consummation of the transaction provided for herein . The covenants , agreements and undertakings of each of the parties hereto are made solely for the benefit of, and may be relied on only by the other party hereto , its successors and assigns , and are not made for the benefit of, nor may they be relied upon , by any other person whatsoever . 8 . 7 Attorney' s Fees and Costs . In any claim or controversy arising out of or relating to this Agreement , each party shall bear its own attorney' s fees , costs , and expenses . 8 . 8 . Counterparts , This Agreement may be executed in two or more counterparts , each one of which shall constitute an original . 8 . 9 . County Approval Required : This Agreement is subject to approval by the Board of County Commissioners of Indian River County . 8 . 10 . 1 Beneficial Interest Disclosure : In the event Seller are a partnership , limited partnership , corporation , trust , or any form of representative capacity whatsoever for others , Seller shall provide a fully completed , executed , and sworn beneficial interest disclosure statement in the form attached to this Agreement as an exhibit that complies with all of the provisions of Florida Statutes Section 286 . 23 prior to approval of this Agreement by the County . However, pursuant to Florida Statutes Section 286 . 23 ( 3 ) (a ) , the beneficial interest in any entity registered with the Federal Securities and Exchange Commission , or registered pursuant to Chapter 517 , Florida Statutes , whose interest is for sale to the general public , is exempt from disclosure ; and where the Seller is a non - public entity , that Seller is not required to disclose persons or entities holding less than five ( 5 % ) percent of the beneficial interest in Seller. 9 . Lease- back : The County shall execute and deliver to Seller a lease of the Property at the Closing . The term of the lease shall begin the day of the Closing and end as set forth in Exhibit B . The lease payment shall be one dollar ( $ 1 . 00 ) per month . Prior to the expiration of the lease and prior to the expiration of Seller' s Storage Tank Liability Insurance , Seller shall permit the County to make a site assessment performed for the presence of contaminants . The site assessment shall be performed by the County' s Consulting Engineer at the County' s expense . 6