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f� • ' <br /> 9. Miscellaneous . <br /> 9 : 1 Controlling Law, This Agreement shall be construed and enforced in <br /> accordance with the laws of the State of Florida. Venue shall be in Indian River <br /> County for all , state court matters , and in the Southern District of Florida for all <br /> federal court matters. <br /> 9 .2 Conveyance in Lieu of Eminent Domain .. It is understood by the parties <br /> that this contract Is entered into by Mr. Free under the. threat and in lieu of <br /> condemnation. <br /> 1903 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 Mr. Free and the County relating to the <br /> 1. <br /> subject matter hereof. Any modification or amendment. to this Agreement shall <br /> be effective only if in writing and executed by each of the parties . <br /> 9 .4 Assignment and Binding Effect. Neither County nor Mr. Free may assign <br /> its rights and obligations under this Agreement without the prior written consent <br /> of the other party. The terms hereof shall be binding upon and shall inure to the <br /> benefit of the parties hereto and their successors and assigns . <br /> 9 . 5 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 transmission , as follows :. <br /> If to Mr.. Free: If to County: <br /> Patrick. Shawn free Indian River County <br /> 2976 Lark Road 1801 27th Street <br /> Palm Springs , FL 34406 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 .6 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 /> 4 <br /> r- <br />