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12 . Reclaimed Water Use Permits : <br /> If necessary, the DEVELOPER shall obtain FDEP and all other approvals to use Reclaimed <br /> Water for DEVELOPER ' s Facility on the Property . If, through no fault of the parties involved , any <br /> federal , state or local government or agency (excluding the COUNTY) fail to issue necessary permits , <br /> grant necessary approvals , or require a material change in the Facility, including the Offsite Facilities, <br /> then to the extent necessary and if possible, the parties agree to negotiate an amendment to the Agreement <br /> to reflect the change in condition . If it becomes impossible or impracticable to perform under the terms <br /> of this Agreement because of the above , then this Agreement shall terminate and the parties shall have no <br /> further obligations to the other. <br /> 13 . Amendment : <br /> A written instrument executed by the party or parties to be bound thereby may only amend this <br /> Agreement . <br /> 14 . Assignability : <br /> Either party may assign this Agreement, however, the rights granted herein shall run with the <br /> Property and are not considered the personal property of the DEVELOPER . Therefore, while the <br /> DEVELOPER has the right under this Agreement to freely transfer the rights and obligations granted by <br /> this Agreement, the assignee shall not have the right to use the Reclaimed Water anywhere but on the <br /> Property unless this Agreement is amended in writing by the assignee and the COUNTY to provide <br /> otherwise . <br /> 15 . Authority : <br /> Each party hereto represents and warrants to the other that the execution of this Agreement and <br /> any other documents required or necessary to be executed pursuant to the provisions hereof are valid , <br /> binding obligations and are enforceable in accordance with their terms . <br /> 16 . Attorneys Fees . In the event of a dispute arising under this Agreement , whether or not <br /> a <br /> lawsuit or other proceeding is filed, the prevailing party shall be entitled to recover its <br /> reasonable <br /> attorneys ' fees and costs , including attorneys ' fees and costs incurred in litigating entitlement to <br /> attorneys ' fees and costs , as well as in determining or quantifying the amount of recoverable attorneys ' <br /> fees and costs . The reasonable costs to which the prevailing party is entitled shall include costs that are <br /> taxable under any applicable statute , rule , or guideline , as well as non-taxable costs, including, but not <br /> limited to , costs of investigation , copying costs , electronic discovery costs , telephone charges , mailing <br /> and delivery charges , information technology support charges , consultant and expert witness fees , travel <br /> expenses, court reporter fees , and mediator fees , regardless of whether such costs are otherwise taxable . <br /> 17 . Further Assurances . In connection with this Agreement and the transactions contemplated <br /> hereby , each party to this Agreement shall execute and deliver any additional documents and instruments <br /> and perform any additional acts that may be necessary or appropriate to effectuate and perform its <br /> obligations under this Agreement and the transactions contemplated hereby . <br /> 18 . Captions : <br /> Page 5 of 10 <br /> WPBDOCS 7977917 10 <br />