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d <br /> real estate taxes and special assessments levied against the Property , prorated based <br /> on the "due date " of such taxes established by the taxing authority having jurisdiction <br /> over the Property . If the Closing Date occurs between January 1 and November 1 , the <br /> Seller shall , in accordance with Florida Statutes Section 196 . 295 , pay an amount equal <br /> to the current real estate taxes and assessments , prorated to the Closing Date . <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 by seller under the threat and in lieu of <br /> condemnation . <br /> 9 . 3 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 the Seller and the County relating to the <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 Seller may assign its <br /> rights and obligations under this Agreement without the prior written consent of <br /> 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 Seller: Vero Estates , LLC <br /> 1111 Kane Concourse , Suite 401 F <br /> Bay Harbor Islands , FL 33154 <br /> If to County : Indian River County <br /> 1801 27th Street <br /> 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 /> 4 <br />