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A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK 4. Transfers by Grantor. Grantor agrees that Grantee's written approval is necessary prior to the transfer of any fee simple interest in the Property. Grantor agrees to notify Grantee of the names and addresses of any party to whom any interest in the Property is to be transferred at least sixty (60) days prior to the date of such transfer, and to incorporate by specific reference to this Easement's Public Records recording information the terms of this Easement in any deed or other legal instrument by which Grantor transfers any interest in the Property, including, without limitation, a leasehold or other possessory interest. The failure of Grantor to perform any act required by this subsection shall not impair the validity of this Easement or limit its enforceability in any way. 5. Modification. The terms and conditions of this Easement may be modified only by mutual agreement, in wasting, between the Grantor and the Grantee, or their respective successors or assigns. 6. Attorneys' Fees and Costs. In any dispute between Grantor and Grantee arising out of this Easement which results in the filing of a lawsuit, each party in such action shall bear its own attorney fees and costs (including fees and costs of appeal) incurred by such party in regard to this dispute. 7. Successors and Assigns. The terms "Grantor" and "Grantee" as used herein shall include, without limitation, the successors and assigns of Grantor and Grantee The covenants, terms, conditions and restrictions of this Easement shall be binding upon and inure to the benefit of such Grantor and Grantee and shall continue as a servitude running in perpetuity with the Property. 8. Notices. Any notice, demand, consent, or communication that either party is required to give to the other hereunder shall be in writing and either served personally by hand -delivery, next -day courier delivery, or by registered or certified mail, postage prepaid, addressed as follows: To the Grantor: To the Grantee: Indian River County Community Development Director 1801 27th Street Vero Beach, Florida 32960 St. Johns River Water Management District Bureau Chief, Bureau of Real Estate Services 4049 Reid Street Palatka, Florida 32177 Telephone: (386) 329-4335 Far (386) 329-4125 or to such other address as any of the above parties shall from time to time designate by written notice, delivered pursuant to the terms of this paragraph. All