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or to proceed, subject to all other terms , covenants , conditions , representations and warranties of this <br /> Agreement, to the Closing of the transaction contemplated hereby and receive title to the Property; <br /> receiving, however, any and all damages, awards or other compensation arising from or attributable <br /> to such acquisition or condemnation proceedings . County shall have the right to participate in any <br /> such proceedings . <br /> 8 . 3 Entire Agreement, This Agreement constitutes the entire agreement between the parties <br /> with respect to this transaction and supersedes all prior agreements , written or oral , between the <br /> Seller and the County relating to the subject matter hereof. Any modification or amendment to this <br /> Agreement shall be effective only if in writing and executed by each of the parties . <br /> 8 . 4 Assignment and Binding Effect. Neither County nor Seller may assign its rights and <br /> obligations under this Agreement without the prior written consent of the other party. The terms <br /> hereof shall be binding upon and shall inure to the benefit of the parties hereto and their successors <br /> and assigns . <br /> 8 . 5 Notices . Any notice shall be deemed duly served if personally served or if mailed by <br /> certified mail , return receipt requested, or if sent via " overnight" courier service, as follows : <br /> If to Seller : Elbert C . Pickerill, Trustee of the Trust Agreement of Elbert C . Pickerill <br /> dated April 17 , 1997 and Frances K. Pickerill, Trustee of the Trust <br /> Agreement of Frances K. Pickerill dated April 17 , 1997 <br /> 1150 43rd Avenue <br /> Vero Beach, Florida 32960 <br /> If to County : Indian River County <br /> 1841 27`'' Street, Vero Beach, FL 32960 <br /> Attn: Bob Webb Land Acquisition <br /> Either party may change the information above by giving written notice of such change as provided <br /> in this paragraph . <br /> 8 . 6 Survival and Benefit. Except as otherwise expressly provided herein, each agreement, <br /> representation or warranty made in this Agreement by or on behalf of either party, or in any <br /> instruments delivered pursuant hereto or in connection herewith, shall survive the Closing Date and <br /> the consummation of the transaction provided for herein . The covenants , agreements and <br /> undertakings of each of the parties hereto are made solely for the benefit of, and may be relied on <br /> only by the other party hereto , its successors and assigns , and are not made for the benefit of, nor <br /> 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 this <br /> Agreement, each parry 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 one of <br /> which shall constitute an original . <br /> 8 . 9 . Coumt Approval Required : This Agreement is subject to approval by Indian River County as <br /> set forth in paragraph 2 . <br /> 8 . 10 Beneficial Interest Disclosure : In the event Seller is a partnership , limited partnership , <br /> corporation, trust, or any form of representative capacity whatsoever for others, Seller shall provide a <br /> fully completed, executed, and sworn beneficial interest disclosure statement in the form attached to <br /> this Agreement as an exhibit that complies with all of the provisions of Florida Statutes Section <br /> 286 .23 prior to approval of this Agreement by the County . However, pursuant to Florida Statutes <br /> 1 ' : ` f;ngit�eerit7r`. Kcf �� ii \'� ebb`' 41rd aye . capital ` =4 ' 1J Aw" ';'3rd AveL.,and .� cyuisitir� ;t . i' c; re ! 15 <br /> �� i' ickerill ' Puiehas . <br /> 1 � rcentrnt. l' ickerel L t}S . -1, t "• . doc - <br /> 3 <br />