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8. This agreement touches and concerns the land upon which this project is <br />being developed. <br />9. Venue for any lawsuit by either party against the other party or otherwise <br />arising out of this agreement shall be in Indian River County, Florida, or in. the event of <br />federal jurisdiction, in the United States District Court for the Southern District of Florida. <br />10. In the event Developer breaches any provision of this agreement, the <br />County may rescind its forbearance and accelerate Developer's obligation to pay in full <br />the applicable traffic impact fee or water and sewer capacity charges. The County may <br />enforce such acceleration of Developer's obligation to pay in full the applicable traffic <br />impact fee by any legal means, including any available legal remedy at law or in equity. <br />11. The undersigned signatory for Developer warrants on behalf of Developer <br />that he or she is duly authorized to execute this agreement. <br />ATTEST: Jeffrey K. Barton <br />Clerk of Court <br />By: <br />Deputy Clerk <br />STATE OF FLORIDA <br />COUNTY OF INDIAN RIVER <br />Indian River County <br />Caroline D. Ginn, Chairman <br />Board of County Commissioners <br />BCC approved: <br />The foregoing was acknowledged before me this day of August, 2004, by <br />Caroline D. Ginn, Chairman of the Board of County Commissioners of Indian River <br />County, Florida. She is personally known to me. <br />Signature of Notary Public - State of Florida <br />Print, Type or Stamp Commissioned Name of <br />Notary Public <br />3 <br />