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5 . DiVosta shall convey utility easements to the County over the water and sewer <br /> improvements for the County to maintain , repair or replace such improvements . <br /> 6 . Miscellaneous . Time is of the essence of this Agreement . This Agreement is <br /> made in the State of Florida and shall be governed by Florida law . This is the <br /> entire Agreement between the parties and may not be modified or amended <br /> except by a written document signed by all parties to this Agreement . This <br /> Agreement may be signed in more than one counterpart , in which case each <br /> counterpart shall constitute an original of this Agreement . Paragraph headings <br /> are for convenience only and are not intended to expand or restrict the scope or <br /> substance of the provisions of this Agreement . Wherever used herein , the <br /> singular shall include the plural , the plural shall include the singular , and <br /> pronouns shall be read as masculine , feminine , or neuter as the context requires . <br /> The prevailing party in any litigation , arbitration , mediation , or appeal relating to <br /> this Agreement shall be entitled to recover its reasonable attorney ' s fees and <br /> costs from the other party for all matters . Indian River County , Florida , shall be <br /> the proper venue for any litigation involving this Agreement . This Agreement <br /> shall bind and inure to the benefit of the parties and their respective successors <br /> and assigns . This Agreement is made in consideration of the mutual covenants <br /> and agreements stated herein , the sufficiency of which is hereby acknowledged <br /> by both parties . If any provision of the Agreement is held to be illegal , invalid or <br /> unenforceable under present or future laws , such provision shall be fully <br /> severable . This Agreement shall be construed and enforced as if such illegal , <br /> invalid or unenforceable provision had never comprised a part of this Agreement , <br /> and the remaining provisions of this Agreement shall remain in full force and <br /> effect and shall not be affected by such illegal , invalid , or unenforceable <br /> provision . <br /> 3 <br />