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8 . 5 Notices. Any notice shall be deemed duly served if personally served or if mailed <br /> by certified mail, return receipt requested, or if sent via "overnight" courier service or facsimile <br /> transmission, as follows : <br /> If to Seller: Chester E. Wilcox Jr. and Lynn R. Wilcox <br /> Address 2215 Mercer Drive <br /> Cocoa, Florida 32926-5613 <br /> If to County: Indian River County <br /> 1840 25th Street, Vero Beach, FL 32960 <br /> Attn: Robert Webb, Land Acquisition <br /> Either party may change the information above by giving written notice of such change as <br /> provided in this paragraph. <br /> 8 . 6 Survival and Benefit. Except as otherwise expressly provided herein, each agreement, <br /> included but not limited to drainage improvement, representation or warranty made in this <br /> Agreement by or on behalf of either party, or in any instruments delivered pursuant hereto or in <br /> connection herewith, shall survive the Closing Date and the consummation of the transaction <br /> provided for herein. The covenants, agreements and undertakings of each of the parties hereto <br /> are made solely for the benefit of, and may be relied on only by the other party hereto, its <br /> successors and assigns, and are not made for the benefit of, nor may they be relied upon, by any <br /> other person whatsoever. <br /> 8 . 7 Attorney' s Fees and Costs . In the event of any dispute arising from or out of this <br /> Agreement or any addendum hereto, the prevailing party shall be entitled to recover attorney' s <br /> fees and costs from the non prevailing party. <br /> 8 . 8 . Counterparts. This Agreement may be executed in two or more counterparts, each one of <br /> which shall constitute an original . <br /> 8 . 9. County Approval Required : This Agreement is subject to approval by the Indian River <br /> County as set forth in paragraph 2 . <br /> Beneficial Interest Disclosure : In the event Seller is a partnership, limited partnership, <br /> corporation, trust, or any form of representative capacity whatsoever for others, Seller shall <br /> provide a fully completed, executed , and sworn beneficial interest disclosure statement in the <br /> form attached to this Agreement as an exhibit that complies with all of the provisions of Florida <br /> Statutes Section 286.23 prior to approval of this Agreement by the County. However, pursuant <br /> to Florida Statutes Section 286 .23 (3)(a), the beneficial interest in any entity registered with the <br /> Federal Securities and Exchange Commission, or registered pursuant to Chapter 517, Florida <br /> Statutes, whose interest is for sale to the general public, is exempt from disclosure ; and where the <br /> Seller is a non-public entity, that Seller is not required to disclose persons or entities holding less <br /> 4 <br /> F: Tngineering\Louise'Louise GatesTowerline Road. Wilcox\Wilcox Agreementafterbarkettrev2 .7 . 08 . doc <br />