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including but not limited to engineering , construction , legal and contingent costs , <br /> including reasonable attorney's fees incurred by the County , together with any <br /> damages , either direct or consequential , which the County may sustain as a result of <br /> the failure of Developer to carry out and execute all provisions of this contract and <br /> applicable ordinances. of the County . <br /> 7 . The parties agree that the County at its option shall have the right, but not <br /> the obligation , to construct and install or, pursuant to receipt of competitive bids , cause <br /> to be constructed and installed the required improvements in the event Developer shall <br /> fail or refuse to do so in accordance with the terms of this contract. Developer <br /> expressly agrees that the County may demand and draw upon the cash deposit for the <br /> final total cost of the improvements . Developer shall remain wholly Liable for any <br /> resulting deficiency , should the cash deposit be exhausted prior to completion of the <br /> required improvements . In no event shall the County be obligated to expend public <br /> funds , or any fund other than those provided by the Developer to construct the required <br /> improvements . <br /> 8 . Any cash deposit provided to the County by Developer with respect to this <br /> contract shall exist solely for the use and benefit of the County and shall not be <br /> construed or intended in any way , expressly or impliedly , to benefit or secure payment <br /> to any subcontractor, laborer, materialman or other party providing labor, material , <br /> supplies , or services for construction of the required improvements , or to benefit any lot <br /> purchaser(s ) , unless the County shall agree otherwise in writing . <br /> 9 . This agreement is the full and complete understanding of the parties and <br /> shall not be construed or amplified by reference to any other agreement, discussion , or <br /> understanding , whether written or oral , except as specifically mentioned herein . This <br /> agreement shall not be assigned without the express written approval of the County . <br /> Any amendment , deletion , modification , extension , or revision hereof or hereto shall be <br /> in writing , executed by authorized representatives of both parties . <br /> IN WITNESS WHEREOF , the parties hereto have set their hands and seals on <br /> the day and year first above written . <br /> JIDA INVESTMENTS , INC . , a Florida <br /> corporation <br /> WITNESSES : <br /> sign : By : <br /> print n e : a Jame rk, President <br /> sign : <br /> i <br /> print 'name : : LCOZ161 j <br /> s6 Gir4 . <br /> ( if t�ornr2i6 =seal ) <br /> i_'. <br /> 3 <br /> F:\attomey\nancy\DOCS\PLAN\k for construct CASH ocean oaks west.doc <br />