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If to Purchaser: Indian River County Public Works Dept.—Capital Projec Div. r�aa xJ � /Sed a�h &% Vero Beach, Florida 32960 Attention: Real Estate Acquisitions Agent Fax: (772) 226-1988 If any notice (or other communication) is tendered and is refused by the intended recipient, such notice shall nonetheless be considered to have been given and shall be effective as of the date provided herein; provided, however, that in the event any notice or other communication sent to either party hereto is delivered or delivery is attempted during non -business hours (described as aforesaid), then the fact that no one is present to accept, sign for or otherwise acknowledge any such notice or other communication (i.e., if sent via certified mail, overnight delivery or personal delivery) shall not constitute rejection as aforesaid and such notice shall not be deemed received under this Agreement until it is actually received on the next business day. 11.4. Joint Venture/Partnership Disclaimer. The parties hereby acknowledge that it is not their intention to create between themselves a partnership, joint, venture, fiduciary or employment or agency relationship for purposes of this Agreement, or for any other purpose whatsoever. Accordingly, notwithstanding any expressions or provisions contained herein or in any other document executed or delivered, or to be executed or delivered, nothing herein shall be construed or deemed to create, or to express an intent to create a partnership, joint venture, fiduciary or employment or agency relationship of any kind or nature whatsoever between the parties hereto. 11.5. Relationship of Parties. Nothing contained in this Agreement shall authorize, empower or constitute any party as agent of any other party in any manner; authorize or empower one party to assume or create an obligation or responsibility whatsoever, express or implied, on behalf of or in the name of any other party; or authorize or empower a party to bind any other party in any manner or make any representation, warranty, covenant, agreement or commitment on behalf of any other party. 11.6. Amendments. No provision of this Agreement may be modified, waived or amended except by a written instrument duly executed by each of the parties hereto. Any such modifications, waivers or amendments shall not require additional consideration to be effective. In particular, and without limiting the generality of the foregoing, Purchaser acknowledges and agrees that, irrespective of any practices, courses of dealing or acts or of any statements, promises, inducements, offers, or other communications made to Purchaser or its employees, agents or contractors by any of Seller's employees or agents, Seller's employees or agents do not have any authority to (i) modify or amend this agreement or waive or release any right or other term or provision hereunder except by means of a written instrument signed by both parties as provided in this paragraph), or (ii) enter into any oral agreement or understanding or otherwise bind or commit Seller or its affiliates to anything except as expressly provided in this Agreement or in a subsequent written contract entered into between the parties. Accordingly, in no event shall Purchaser rely upon any of such practices, courses of dealing or acts or any statements, promises, inducements, offers, or other communications or purported agreements or understandings, and Purchaser covenants and agrees that it shall not ever bring or pursue any action or claim predicated thereupon. January 8, 2008 15