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withheld in the event the COUNTY elects to postpone 12 'h Street paving. 3 . The COUNTY shall be responsible for all construction coordination including advertisement for bids, contractor selection and construction inspection. 4 . In the event of any litigation arising out of this Agreement, each party shall ear its own attorney fees and costs . 5 . 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 , 6 . This Agreement shall be binding upon and inure to the benefit of the parties hereto and their successors, and assigns . 7 . This Agreement contains the entire 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 . 8 . This Agreement and all matters arising hereunder shall be governed by and onstrued in accordance with the laws of the State of Florida. Venue hereunder shall lie in Indian River County, Florida. 9 , This Agreement shall be deemed prepared jointly by each of the parties hereto and shall be construed on parity as between the parties . There shall 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 . 11 . COUNTY and DEVELOPER shall grant such further assurances and provide such additional documents as may be required by one another from time to time, and cooperate fully with one another in order to carry out the terms and conditions hereof End comply with the express intention of this Agreement . 12 . Failure to insist upon strict compliance with any of the terms, covenants , or onditions herein shall not be deemed a waiver of such terms, covenants, or conditions nor shall any waiver or relinquishment of any right or power hereunder at any one time or times be deemed a waiver or relinquishment of such right or power at any other time Dr times . 13 . All words, terms, and conditions contained herein are to be read in concert, each with the other, and a provision contained under one paragraph may be considered to be equally applicable under another in the interpretation of this Agreement . F:\Public Works\KimMontract & Agr Docs\Developer's Agreements\Turtle Run-Dev Agr.doc