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0 behalf of either party , or in any instruments delivered pursuant hereto or in connection herewith , shall survive the Closing Date and the consummation of the transaction provided for herein . The covenants , agreements and undertakings of each of the parties hereto are made solely for the benefit of, and may be relied on only by the other party hereto , its successors and assigns , and are not made for the benefit of, nor may they be relied upon , by any other person whatsoever. 9 . 7 Attornev ' s Fees and Costs . In any claim or controversy arising out of or relating to this Agreement , each party shall bear its own attorney' s fees , costs and expenses . 9 . 8 . Counterparts . This Agreement may be executed in two or more counterparts , each one of which shall constitute an original . 9 . 9 . County Approval Required : This Agreement is subject to approval by the Indian River County Board of County Commissioners as set forth in paragraph 2 . 9 . 10 , Beneficial Interest Disclosure : In the event Seller is a partnership , limited partnership , corporation , trust , or any form of representative capacity whatsoever for others , Seller shall provide a fully completed , executed , and sworn beneficial interest disclosure statement in the form attached to this Agreement as an exhibit that complies with all of the provisions of Florida Statutes Section 286 . 23 prior to approval of this Agreement by the County . However , pursuant to Florida Statutes Section 286 . 23 ( 3 ) ( a ) , the beneficial interest in any entity registered with the Federal Securities and Exchange Commission , or registered pursuant to Chapter 517 , Florida Statutes , whose interest is for sale to the general public , is exempt from disclosure ; and where the Seller is a non - public entity , that Seller is not required to disclose persons or entities holding less than five ( 5 % ) percent of the beneficial interest in Seller. 9 . 11 Seller shall have the option to design a joint stormwater retention pond that meets the stormwater needs of both the Seller and the County . The joint stormwater retention pond shall be designed to have no adverse impacts to the County' s 66th Avenue Project drainage . The County shall have the right to review and approve of the design of any joint stormwater retention pond . Any expansion of the joint stormwater retention pond shall be at the Seller' s sole expense . The County and Seller shall grant each other any easements needed to obtain positive outfall and water treatment . 9 . 12 Seller shall have the option to relocate any joint stormwater retention pond to another site or sites on the Parent Parcel as graphically portrayed in Exhibit " B " so long as there are no adverse impacts on drainage from 66th Avenue Project . Should Seller relocate any pond , the parties shall execute an exchange of properties agreement pursuant to § 125 . 37 Fla . Stat . ( 2008 ) . The County shall have the right to review and approve of the design of any pond relocation . Any relocation of any joint stormwater retention pond shall be at the Seller' s sole 5