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County acknowledges that the Trustees have made various delegations of power for the purpose of land acquisition, <br /> and not all representatives of the Trustees or the DSL have authority to act in all situations . Consequently, this <br /> Agreement may be terminated by the Trustees pursuant to any provision therefor contained in this Agreement only in <br /> writing signed by the person or persons who signed this Agreement on behalf of the Trustees or that person ' s <br /> successor. <br /> 24 . WAIVER. Failure of any party to insist upon strict performance of any covenant or condition of this <br /> Agreement, or to exercise any right herein contained, shall not be construed as a waiver or relinquishment for the <br /> future of any such covenant, condition or right; but the same shall remain in full force and effect. <br /> 25 . AGREEMENT EFFECTIVE. This Agreement or any modification, amendment or alteration thereto, shall <br /> not be effective or binding upon any of the parties hereto until it has been executed by all of the parties hereto . <br /> 26. ADDENDUM. The "Addendum to Exchange Agreement" is attached hereto, incorporated by reference, and <br /> shall be deemed a part of this Agreement. <br /> 27 , NOTICE. Whenever a party desires or is required to give notice unto the other, it must be given by written <br /> notice, and either delivered personally, transmitted via facsimile transmission, mailed postage prepaid, or sent by <br /> overnight courier to the appropriate address indicated on the first page of this Agreement, or such other address as is <br /> designated in writing by a party to this Agreement. <br /> 28 , SURVIVAL. The covenants, warranties, representations, indemnities and undertakings of Windsor and <br /> County set forth in this Agreement shall survive the closing, the delivery and recording of the deeds and possession of <br /> the properties to be received by the parties . <br /> IF COUNTY AND WINDSOR DO NOT EXECUTE THIS INSTRUMENT ON OR BEFORE <br /> BOT SHALL BE UNDER NO OBLIGATION TO ACCEPT THIS INSTRUMENT. <br /> BOT ' S EXECUTION OF THIS INSTRUMENT IS SUBJECT TO APPROVAL BY THE BOARD OF TRUSTEES <br /> OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA. BOT' S DUTY TO <br /> PERFORM HEREUNDER IS CONTINGENT ON: ( 1 ) CONFIRMATION THAT THE VALUE OF THE <br /> PROPERTY TO BE CONVEYED BY BOT IS NOT IN EXCESS OF THE DSL APPROVED VALUE FOR THE <br /> PROPERTY TO BE RECEIVED BY BOT, AND (2) DSL APPROVAL OF ALL DOCUMENTS TO BE <br /> FURNISHED HEREUNDER. THE STATE OF FLORIDA'S PERFORMANCE AND OBLIGATION TO PAY <br /> UNDER THIS AGREEMENT IS CONTINGENT UPON AN ANNUAL APPROPRIATION BY THE FLORIDA <br /> LEGISLATURE . <br /> THIS IS INTENDED TO BE A LEGALLY BINDING AGREEMENT. IF NOT FULLY UNDERSTOOD, SEEK <br /> THE ADVICE OF AN ATTORNEY PRIOR TO SIGNING . <br /> BOARD OF COUNTY COMMISSIONERS <br /> INDIAN RIVER_COUNTY, ORIDA <br /> BYCA <br /> ' o <br /> Arthur R. Neuberger, <br /> BY : ro) a ip A. <br /> Josep aird, as ounty Administrator <br /> Approved as to fo { attxf , <br /> Jeffrey K. Barton <br /> Clerk of Court <br /> Attest <br /> County Attorney <br /> 6 <br /> BLA- 104, Revised 01 /26/06 <br />