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better condition than its current state. The fence shall be relocated to a location one <br /> foot east of Horizon's new western most property border measured from the center of <br /> the hiatus. <br /> 7. Each party would pay their own attorney's fees , recording costs and any <br /> costs associated with this agreement. <br /> 8. This agreement sets forth the entire agreement and understanding <br /> between the parties. <br /> 9. Any amendment, modification , or change to the agreement shall be valid <br /> only if it is in writing and executed by all parties thereto. <br /> 10 . Any dispute arising out of this agreement shall be governed by and <br /> construed in accordance with the laws of the State of Florida . Venue for any dispute <br /> shall lie in Indian River County, Florida. <br /> 11 . The parties shall grant such further assurances and provide such <br /> additional documents as may be required by one and other from time to time and to <br /> cooperate fully with one and other in order to carry out the terms and conditions of this <br /> agreement. <br /> 12. In the event any term , condition , or clause of this agreement is declared to <br /> be illegal or unenforceable by a court of competent jurisdiction , such declaration of <br /> illegality or enforceability shall not affect the legality or enforceability of any remaining <br /> term , condition , or clause as set forth in this agreement. <br /> 4 <br />