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either party, or in any instruments delivered pursuant hereto or in connection <br />herewith, shall survive the Closing Date and the consummation of the transaction <br />provided for herein. The covenants, agreements and undertakings of each of the <br />parties hereto are made solely for the benefit of, and may be relied on only by the <br />other party hereto, its successors and assigns, and are not made for the benefit of, <br />nor may they be relied upon, by any other person whatsoever. <br />8.7 Attorney's Fees and Costs. In any claim or controversy arising out of or relating to <br />this Agreement, each party shall bear its own attorney's fees, costs, and expenses. <br />8.8. Counterparts. This Agreement may be executed in two or more counterparts, each <br />one of which shall constitute an original. <br />8.9. County Approval Required: This Agreement is subject to approval by the Board of <br />County Commissioners of Indian River County. <br />8.10.1 Beneficial Interest Disclosure: In the event Seller are a partnership, limited <br />partnership, corporation, trust, or any form of representative capacity whatsoever for <br />others, Seller shall provide a fully completed, executed, and sworn beneficial <br />interest disclosure statement in the form attached to this Agreement as an exhibit <br />that complies with all of the provisions of Florida Statutes Section 286.23 prior to <br />approval of this Agreement by the County. However, pursuant to Florida Statutes <br />Section 286.23 (3) (a), the beneficial interest in any entity registered with the <br />Federal Securities and Exchange Commission, or registered pursuant to Chapter <br />517, Florida Statutes, whose interest is for sale to the general public, is exempt from <br />disclosure; and where the Seller is a non-public entity, that Seller is not required to <br />disclose persons or entities holding less than five (5%) percent of the beneficial <br />interest in Seller. <br />9. Lease -back: The County shall execute and deliver to Seller a lease of the Property <br />at the Closing. The term of the lease shall begin the day of the Closing and end as <br />set forth in Exhibit B. The lease payment shall be one dollar ($1.00) per month. <br />Prior to the expiration of the lease and prior to the expiration of Seller's Storage <br />Tank Liability Insurance, Seller shall permit the County to make a site assessment <br />performed for the presence of contaminants. The site assessment shall be <br />performed by the County's Consulting Engineer at the County's expense. <br />ON <br />