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9 . 2 Entire Agreement , This Agreement constitutes the entire agreement <br /> between the parties with respect to this transaction and supersedes all prior <br /> agreements , written or oral , between the. Kelly Estate and the County relating to <br /> the subject matter hereof. Any modification or amendment to this Agreement <br /> shall be effective only if in writing and executed by each of the parties. <br /> 93 Assignment and Binding Effect, Neither County nor the Kelly Estate may <br /> assign its rights and obligations under this Agreement without the prior written <br /> consent of the other party. The terms hereof shall bebinding upon and shall <br /> inure to the benefit of the parties hereto and their successors and assigns . <br /> 9A Notices . Any notice shall be deemed duly served if personally served <br /> or if mailed by certified mail , return receipt requested , or if sent via. "overnight" <br /> courier service or facsimile ransmission , as follows : <br /> If to the Kelly Estate : 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 <br /> change as provided in this paragraph . <br /> 9 . 5 Survival and Benefit . Except. as otherwise expressly provided herein , <br /> each agreement , representation or warranty made in this Agreement by or on <br /> 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 <br /> transaction provided for herein , The covenants , agreements and undertakings of <br /> each of the parties hereto are made solely for the benefit of, and may be relied <br /> on only by the other party hereto , its successors and assigns , . and are not made <br /> for the benefit of, nor may they be relied upon , by any other person whatsoever. <br /> 9 . 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 <br /> and expenses . <br /> 9 . 7 . Counterparts . This Agreement may be executed in two or more <br /> counterparts , each one of which shall constitute an original . <br /> 9 . 8 . County Approval Required: This Agreement is subject to approval by the <br /> Indian River County Board of County Commissioners as set forth in paragraph 2 . <br /> 4 <br />