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L . Failure to insist upon strict compliance with any of the tenns , covenants , or conditions herein shall not be deemed a waiver of such teens , covenants , or conditions , nor shall any waiver or relinquishment of any right or power hereunder at any one time or times be deemed a waiver or relinquishment of such right or power at any other time or times . M . All words , terms , and conditions contained herein are to be read in concert, each with the other, and a provision contained under one paragraph may be considered to be equally applicable under another in the interpretation of this Amended Agreement . N . The words herein and hereof and words of similar import, without reference to any particular section or subdivision of this Amended Agreement, refer to this Amended Agreement as a whole rather than to any particular section or subdivision hereof. O . In the event any teen, condition, or clause of this Amended Agreement is declared to be illegal or unenforceable by a court of competent jurisdiction , such declaration of illegality or unenforceability shall not affect or alter the legality or enforceability of any remaining term , condition, or clause hereof, provided of the parties , as set forth in this Amended Agreement. 16 . Effective Date of Amendments : The amendments set forth in this Amended Developer' s Agreement ( as compared to the original Developer' s Agreement, dated December 13 , 2005 ) (collectively "Developer ' s Agreement Amendments") are part of a settlement ("Settlement") of certain claims asserted by DiVosta, including, without limitation, claims set forth in that certain complaint filed in the Circuit Court , Indian River County, Florida, styled DiVosta Homes , L. P . , et al v . Indian River County, Florida, case # 20070109 CA 19 ("Lawsuit") and claims presented under the Bert J . Harris , Jr. , Private Property Rights Protection Act ( collectively " Claims ") . The terms of the Settlement of the Claims is set forth in the Developer' s Agreement Amendments , the Development Order Amendments (as defined in Resolution 2010- 037 , constituting an Amended and Restated Development Order pertaining to Waterway Village) , and a Settlement Agreement executed by the parties simultaneously with the execution of this Amended Developer' s Agreement ( collectively "Settlement Documents ") . In an abundance of caution, the parties have elected to seek Circuit Court approval in the Lawsuit of the Settlement and Settlement Documents . The Settlement and Settlement Documents shall be effective as of the date of Circuit Court approval , and conclusion of all appeals , if any. If, for any reason , a final Circuit Court approval of the Settlement and the Settlement Documents is not obtained, then the Settlement and the Settlement Documents shall be null and void . RM : 7031940 :9 Page 12 of 14