2008-019 - Laserfiche WebLink

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I I 1 L. Miscellaneous: 1. In the event of any litigation Arising out of this Agreenment, each party shall pay its own attorneys' fees and costs. 2. 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. 3. This Agreement shall be binding upon and inure to the benefit of the panties hereto and their successors and assigns. 4. This Agreement contains the eutire agreement and understanding between the. parties. No representation, statement, recital, undertaking or promise not specifically set forth herein shall be binding on any party Hereto . This Agreement shall not be effective unless signed by Developer and. County. 5 . The obligations of the Developer to this Agreement are expressly I conditioned upon the Developer's decision, at Developer's sole discretion, to proceed with the Project, G . No Building Permit, Certificate of Completion, or Certificate of Occupancy shall be withheld oi delayed by the County for Heritage Reserve or any portion thereof, nor shall the County delay or withhold any other required permits, due to the County' s failure to perform any obligation described herein, provided that the Developer is in compliance with tlus Agreement, all other elements of the Development Order and applicable laws end regulations. t 7 . Except as described herein and in the Development Order, the County shall not require Developer to construct, contribute to, or share in the costs of any additional off- site. improvements; other than the payment of or credits toward applicable-impact fees . I 8. 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. Time shall be of the essence. 96 This Agreement shall be deemed prepared jointly by each of the parties hereto and shall be construed on parity as between the parties. There sball be no canon of construction for or against any party by reason of the physical preparation of this Agreement. 10. Whenever. the singular number is used in this Agreement and when required by the context, the same shall include the plural; and the masculine, feminine, and neuter genders shall each include the others. 8