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shall be responsible for its own attorneys , fees and costs . 7 Amendment. No amendment, modification, change, or alteration of this Agreement shall be valid or binding unless accomplished in writing and executed by all of the parties hereto . This Agreement contains the entire agreement and understanding between the parties. 8 Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties and their personal representatives, heirs, successors, and assigns . 9 Governing LawNenue. This Agreement and all matters arising hereunder shall be governed by and construed in accordance with the laws of the State of Florida. Venue for proceedings hereunder shall lie in Indian River County, Florida. 10 Further Assurances . County and Developer shall grant such further assurances and provide such additional documents as may be required by one another from time to time, and cooperate fully with one another in order to carry out the terms and conditions hereof and comply with the express intention of this Agreement. 11 Seve— In the event any term, condition, or clause of this 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 ofthe parties, as set forth in this Agreement. IN WITNESS WHEREOF, County and Association have caused these presents to be executed in their names, the day and year first above written. PELICAN POINTE BOARD OF COUNTY CONMUSSIONERS UNIB,t.ELLA ASSOCIATION, INC . INDIAN RIVER COUNTY, FLORIDA ' I BY : J BY : President Bob Solari , Chairman ,a Secretary i CADocumonts and SettingsVackie\Local SettingslTemporary Internet Fik3pLK39Telican Pointe ERU return agreement.doc