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This document prepared by and return to : l l /8/04wcg(PWD)jwd <br /> Indian River County <br /> Public Works Department <br /> 1840 251h Street <br /> Vero Beach, Fl . 32960 <br /> COUNTY agree that COUNTY shall not be obligated to reimburse DEVELOPER any <br /> amounts corresponding to the excess costs over the Fixed Contract Price . COUNTY agrees <br /> to reimburse 50% of the Fixed Contract Price to DEVELOPER in monthly_installments as <br /> follows : DEVELOPER presents COUNTY with an invoice, approved by DEVELOPER, <br /> from the Engineer, contractor or other third parry performing the design and construction <br /> work. All requests for payment under this agreement shall be governed by the Florida Prompt <br /> Payment Act, FS 218 . 70 et. seq . <br /> 5 . MISCELLANEOUS : <br /> A. In the event of any litigation arising out of this Agreement, both parties shall bear <br /> their own attorney fees and costs . <br /> B . No amendment, modification, change, or alteration of this Agreement shall be valid or <br /> binding unless accomplished in writing and executed by all of the parties hereto . <br /> C . This Agreement shall be binding upon and inure to the benefit of the parties hereto and <br /> their successors, and assigns . <br /> D . This Agreement contains the entire agreement and understanding between the parties . No <br /> representation, statement, recital, undertaking, or promise not specifically set forth herein <br /> shall be binding on any party hereto . <br /> E . This Agreement and all matters arising hereunder shall be governed by and construed in <br /> accordance with the laws of the State of Florida. Venue hereunder shall lie in Indian <br /> River County, Florida. <br /> F . This Agreement shall be deemed prepared jointly by each of the parties hereto and shall <br /> be construed on parity as between the parties . There shall be no canon of construction <br /> 5 <br /> J :\Planning & ZoningWGUERREVL'RE, ENRIQUE\Segovia Lakes clean 8- 10-04 version .doc <br />