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6 . The County agrees to issue building permits and Certificates <br /> of Occupancy prior to the installation of required sidewalk improvements so long <br /> as Developer is not in default of the terms of this Contract. <br /> 7 . In the event the Developer shall fail or neglect to fulfill its <br /> obligations under this contract and as required by the Code of Laws and <br /> Ordinances of Indian River County , Florida , the Developer, as principal , and the <br /> funds in escrow deposit shall be jointly and severally liable to pay for the cost of <br /> construction and installment of the required improvements to the final total cost, <br /> 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 <br /> result of the failure of Developer to carry out and execute all provisions of this <br /> contract and applicable ordinances of the County. <br /> 8 . The parties agree that the County at its option shall have the <br /> right, but not the obligation , to construct and install or, pursuant to receipt of <br /> competitive bids , cause to be constructed and installed the required <br /> improvements in the event Developer shall fail or refuse to do so in accordance <br /> with the terms of this contract . Developer expressly agrees that the County may <br /> demand and draw upon the cash deposit for the final total cost of the <br /> improvements . Developer shall remain wholly liable for any resulting deficiency, <br /> should the cash deposit be exhausted prior to completion of the required <br /> improvements . In no event shall the County be obligated to expend public funds , <br /> or any funds other than those provided by the Developer, to construct the <br /> required improvements . <br /> g . Any cash deposit provided to the County by Developer with <br /> respect to this contract shall exist solely for the use and benefit of the County <br /> and shall not be construed or intended in any way, expressly or impliedly, to <br /> benefit or secure payment to any subcontractor, laborer, materialman or other <br /> party providing labor, material , supplies , or services for construction of the <br /> required improvements , or to benefit any lot purchaser(s), unless the County <br /> shall agree otherwise in writing . <br /> 10 . This agreement is the full and complete understanding of the <br /> parties and shall not be construed or amplified by reference to any other <br /> agreement , discussion , or understanding , whether written or oral , except as <br /> specifically mentioned herein . This agreement shall not be assigned without the <br /> express written approval of the County. Any amendment, deletion , modification , <br /> extension , or revision hereof or hereto shall be in writing , executed by authorized <br /> representatives of both parties . <br /> 3 <br /> F:V6ttomey\Nancy\DWSU'LA"ide k cash cert complet legend lakes ii .doc <br />