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8 . 2 Condemnation. In the event that all or any part of the Property shall be acquired or condemned <br /> for any public or quasi-public use or purpose , or if any acquisition or condemnation proceedings <br /> shall be threatened or begun prior to the Closing of this transaction, County shall have the option to <br /> either terminate this Agreement, and the obligations of all parties hereunder shall cease , or to <br /> proceed, subject to all other terms, covenants, conditions , representations and warranties of this <br /> Agreement, to the Closing of the transaction contemplated hereby and receive title to the Property ; <br /> receiving, however, any and all damages, awards or other compensation arising from or attributable <br /> to such acquisition or condemnation proceedings . County shall have the right to participate in any <br /> such proceedings . <br /> 8 . 3 Entire Agreement. This Agreement constitutes the entire agreement between the parties with <br /> respect to this transaction and supersedes all prior agreements, written or oral, between the Seller <br /> and the County relating to the subject matter hereof. Any modification or amendment to this <br /> Agreement shall be effective only if in writing and executed by each of the parties . <br /> 8 . 4 Assignment and BindingEffect. Neither County nor Seller may assign its rights and obligations <br /> under this Agreement without the prior written consent of the other parry . The terms hereof shall be <br /> binding upon and shall inure to the benefit of the parties hereto and their successors and assigns . <br /> 8 . 5 Notices . Any notice shall be deemed duly served if personally served or if mailed by certified <br /> mail , return receipt requested, or if sent via "overnight" courier service, as follows : <br /> If to Seller : Margaret B . Durwin tt <br /> _P ' O_ Box <br /> Vero Beach, Florida 32968 <br /> If to County: Indian River County <br /> 1840 27th Street, Vero Beach, FL 32960 <br /> Attn : Bob Webb Land Acquisition <br /> Either party may change the information above by giving written notice of such change as provided <br /> in this paragraph . <br /> 8 . 6 Survival and Benefit . Except as otherwise expressly provided herein, each agreement, <br /> representation or warranty made in this Agreement by or on behalf of either party, or in any <br /> instruments delivered pursuant hereto or in connection herewith, shall survive the Closing Date and <br /> the consummation of the transaction provided for herein. The covenants , agreements and <br /> undertakings of each of the parties hereto are made solely for the benefit of, and may be relied on <br /> only by the other party hereto, its successors and assigns , and are not made for the benefit of, nor <br /> may they be relied upon, by any other person whatsoever. <br /> 8 . 7Attorney ' s Fees and Costs . In any claim or controversy arising out of or relating to this <br /> Agreement, each party shall bear its own attorney ' s fees , costs and expenses . <br /> 8 . 8 . Counterparts . This Agreement may be executed in two or more counterparts, each one of which <br /> shall constitute an original . <br /> 8 . 9 . County Approval Required : This Agreement is subject to approval by Indian River County as set <br /> forth in paragraph 2 . <br /> F :\Engineering\Robert Webb\43rd ave . capital\DURWIN43RDt;JERETENTpurchaseagree . doe <br />