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10 . COUNTY and PUBLIX shall grant such further assurances and provide such additional <br /> documents as may be required by one another from time to time, and cooperate fully with <br /> one another in order to carry out the terms and conditions hereof and comply with the <br /> express intention of this Agreement. <br /> 11 , Failure to insist upon strict compliance with any of the terms , covenants , or conditions <br /> herein shall not be deemed a waiver of such terms , covenants, or conditions , nor shall any <br /> waiver or relinquishment of any right or power hereunder at any one time or times be <br /> deemed a waiver or relinquishment of such right or power at any other time or times . <br /> 12 . In the event any term , condition, or clause of this Agreement is declared to be illegal or <br /> unenforceable by a court of competent jurisdiction, such declaration of illegality or <br /> unenforceability shall not affect or alter the legality or enforceability of any remaining <br /> term, condition, or clause hereof, provided of the parties , as set forth in this Agreement . <br /> IN WI'T'NESS WHEREOF , the COUNTY and PUBLIX have caused these presents to be <br /> executed in their names , effective the day and year first above written. <br /> PUBLIX SUPER MARK TS , INC . , BOARD OF COUNTY COMMISSIONERS <br /> a Florida corporation _ INDIAN RIVER COUNTY, FLORIDA <br /> BY : e° ,.. . , . .. . BY : t��� <br /> -S ,o�C®9MI0$/, <br /> vee ee evsv <br /> Jo Fra ePnt <br /> �ge° ° '.# ;F� ` Peter D . O ' Bryan, <br /> Vic sideal Estat ®, Chairman <br /> jx� a • N i <br /> Approved : November 2 , 2010 <br /> WITNESS : <br /> p <br /> 9 ' proved : <br /> WITNESS : <br /> (Corporate seal is acceptable in place of witnessehI �e5°fie {{- By <br /> aJ seph A. Baird, County Administrator <br /> Approved as to form and legal sufficiency by . <br /> Attest L <br /> (ills •Qe) ✓ Jeffrey K. Barton, Clerk of Court <br /> William K . DeBraal <br /> Assistant County Attorney <br /> 3 <br />