Laserfiche WebLink
which the Developer would be entitled if the County had completed the Work on <br /> time . <br /> 5 . All decisions regarding design, engineering, activation, timing, operation and <br /> maintenance of the WORK shall be made by the COUNTY . <br /> 6 . In the event of any litigation arising out of this Agreement, each party shall bear <br /> its own attorney fees and costs . <br /> 7 . No amendment, modification, change or alteration of this Agreement shall be <br /> valid or binding unless accomplished in writing and executed by all of the parties <br /> hereto . <br /> 8 . This Agreement shall be binding upon and inure to the benefit of the parties <br /> hereto and their successors and assigns . <br /> 9 . This Agreement contains the entire agreement and understanding between the <br /> parties . No representation, statement, recital, undertaking, or promise not <br /> specifically set forth herein shall be binding on any party hereto . <br /> 10 . This Agreement and all matters arising hereunder shall be governed by and <br /> construed in accordance with the laws of the State of Florida. Venue hereunder <br /> shall lie in Indian River County, Florida . <br /> 11 . This Agreement shall be deemed prepared jointly by each of the parties hereto <br /> and shall be construed on parity as between the parties . There shall be no canon <br /> of construction for or against any party by reason of the physical preparation of <br /> this Agreement . <br /> 12 . COUNTY and DEVELOPER shall grant such further assurances and provide <br /> such additional documents as may be required by one another from time to time , <br /> and cooperate fully with one another in order to carry out the terms and conditions <br /> hereof and comply with the express intention of this Agreement. <br /> 13 . Failure to insist upon strict compliance with any of the terms , covenants , or <br /> conditions herein shall not be deemed a waiver of such terms , covenants , or <br /> conditions , nor shall any waiver or relinquishment of any right or power <br /> hereunder at any one time or times be deemed a waiver or relinquishment of such <br /> right or power at any other time or times . <br /> 3 <br />