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project. The certificate shall expire five years from the date of issuance. Should DEVELOPER fail to obtain building permits within the timeframe covered by the certificate, then the project vesting shall expire and no refunds shall be given. All payments made, however, shall run with the land. 7 . Upon payment of the amounts specified in paragraphs 3 and 5 , and the County' s approval of this agreement, DEVELOPER' S proposed project shall be deemed vested for concurrency purposes as defined in FS 163 and Indian River County Code Chapter 910 . 8 . In the event the road improvement contemplated in this agreement is removed from the Capital Improvement Element, then the fair share revenues paid to the County may be applied toward the construction of alternative improvements within that same corridor or sector where the alternative improvement mitigates the impact of the development project on the congested roadways for which the original proportionate share contribution was made. 9 . DEVELOPER hereby agrees to indemnify Indian River County and Representatives thereof from all claims arising solely from intentional, reckless or negligent acts, errors or omissions of the DEVELOPER or DEVELOPERS' REPRESENTATIVES in the performance of Professional Services under this agreement and for which DEVELOPER is legally liable . 10 . In the event of any litigation arising out of this Agreement, the each party shall be responsible for their own attorney' s fees and costs . 11 . No amendment, modification, change, or alteration of this Agreement shall be valid or binding unless accomplished in writing and executed by all of the parties hereto . This Agreement contains the entire agreement and understanding between the parties. 12 . This Agreement shall be binding upon and inure to the benefit of the parties hereto and their personal representatives, heirs, successors, and assigns and may be recorded in the public records of Indian River County. 13 . This Agreement and all matters arising hereunder shall be governed by and construed in accordance with the laws of the State of Florida. Venue hereunder shall lie in Indian River County, Florida. 14 . COUNTY and DEVELOPER shall grant such further assurances and provide such additional documents as may be required by one another from time to time, and cooperate fully Mth one another in order to carry out the terms and conditions hereof and comply with the express intention of this Agreement. F9Attomey�BillWgreements\Proportionate Share%RALOC Liquori Propolonate share agreement.doc