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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 Association and the County, relating to <br /> the subject matter hereof. Any modification or amendment to this Agreement <br /> shall be effective only if in writing and executed by each of the Parties .. <br /> 9 . 4 Assignment and Binding Effect. Neither County nor Association may <br /> assign its rights and obligations under this Agreement without the prior written <br /> consent of the other Party.. The terms hereof shall be binding upon and shall <br /> inure to the 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 Association : Vista Plantation Association , Inc. <br /> 49 Plantation Drive <br /> Vero Beach , FL 32966 <br /> Attn ; Manager and President <br /> If to County: Indian River County <br /> 180127" 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 /> behalf . of either Party, or in any instruments delivered pursuant hereto , or in <br /> connection herewith , shall survive the Closing Date and the consummation of the <br /> transaction provided for herein . The covenants , agreements and undertakings of <br /> each of the Parties hereto are made solely for the benefit of, and may be relied. <br /> on only by the other Party hereto , its successors and assigns, and are not made <br /> for the benefit. of, nor may they be relied upon , by any other person whatsoever. <br /> 9 . 7 Attorney's Fees and Costs . In any claim or controversy arising out of or <br /> relating to this Agreement, . each .Party shall bear its own attorney's fees, costs <br /> and expenses; except where Florida law provides for prevailing party attorney <br /> fees in which case the latter shall control . <br /> 9 . 8 .. Counterparts. This Agreement may be executed in two or more <br /> counterparts , each one of which shall constitute an original . Each. Party shall <br /> deliver 2 fully executed originals to the other Party. <br /> 7 <br />