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If to County: <br />Indian River County <br />1801 27th Street <br />Vero Beach, FL 32960 <br />Attn: Public Works Director <br />Either Party may change the information above by giving written notice of such change <br />as provided in this paragraph. <br />7.5 Survival and Benefit. Except as otherwise expressly provided herein, <br />e ach agreement, representation or warranty made in this Agreement by or on behalf of <br />e ither Party, or in any instruments delivered pursuant hereto or in connection herewith, <br />shall survive the Closing Date and the consummation of the transaction provided for <br />herein. The covenants, agreements and undertakings of each of the Parties hereto are <br />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 <br />u pon, by any other person whatsoever. <br />7.6 Attorney's Fees and Costs. In any claim or controversy arising out of or <br />relating to this Agreement, each Party shall bear its own attorney's fees, costs and <br />expenses, except where Florida law provides for prevailing party attorney fees in which <br />case the latter shall control. <br />7.7 Approval Required. This Agreement is subject to approval by the Indian <br />River County Board of County Commissioners. <br />7.8 Severability. If any part of this Agreement is deemed to be unenforceable, <br />the balance of the Agreement shall remain in full force and effect; provided that the <br />e ssential purposes of this Agreement are capable of being fulfilled in the absence of <br />such invalid provisions. <br />ORLDOCS 13368037 2 3 <br />