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3 . BIDDING AND AWARD : The DEVELOPER shall cause the DEVELOPER' s consulting engineer to review the bids and to make a written recommendation to the County' s Department of Utility Services for award of the bid to a licensed and qualified utility contractor. The term "qualified" shall be as determined by the County. The COUNTY' S reimbursement of construction costs to the DEVELOPER shall be conditioned upon the approval of all project costs by the County ' s Department of Utility Services. Bid proposals and engineering costs related to the work described herein shall be subject to prior approval by County ' s Department of Utility Services. The DEVELOPER shall not commence work unless the County ' s Department ofUtility Services provides written approval ofthe final construction cost and the final project cost. 4 . MISCELLANEOUS : A. Amendment: This Agreement may be modified only by a written instrument executed by all parties to the Agreement. B . Authority: Each party hereto represents and warrants to the other that the execution of this Agreement and any other documents required or necessary to be executed pursuant to the provisions hereof are valid, binding obligations and are enforceable in accordance with their terms. C . Captions : Captions, if included, in this Agreement are included for convenience only and are not to be considered in any construction or interpretation of this Agreement or any of its provisions. D. Definition All pronouns shall be deemed to refer to the masculine, feminine, or neuter, singular or plural, as the identity of the party or parties may require. E. Entire Ag eement This Agreement embodies the entire agreement between the parties relative to the subject matter hereof, and there is no oral or written agreements between the parties, nor any representations made by either party relative to the subject matter hereof, which are not expressly set forth herein. F. Governing Law & Jurisdiction : This Agreement shall be governed by the laws of the State of Florida and the laws of the United States pertaining to transactions in such state, and all actions arising out of this Agreement shall be brought in Indian River County, Florida, or, in the event of federal jurisdiction, the United States District Court for the Southern District of Florida. All of the parties to this Agreement have participated freely in the negotiation and preparation hereof. Accordingly, this Agreement shall not be more strictly construed against any one of the parties hereto. G. Multiple Counterparts : This Agreement may be executed in a number of identical counterparts which, taken together, shall constitute collectively one ( 1 ) Agreement; but in making proof of this Agreement, it shall not be necessary to produce or account for more than one such counterpart executed by the party to be charged. F:\UTHXnES\UT1UTY - ENGQJEERING\PROIECTS - U71IZY CONSTRUCTION PERMITS\92ND COURT WATER MAIN EXTENSION - UCPN 3172\DEVELOPERS AGREEMENT-APPROVED BY WKD,0943- 12JRR.DOC - 4 -