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This document prepared by and return to: <br />Indian River County <br />Public Works Department <br />1840 25'h Street <br />Vero Beach, FI. 32960 <br />11 /8/04wcg(PWD)jwd <br />COUNTY agree that COUNTY shall not be obligated to reimburse DEVELOPER any <br />amounts corresponding to the excess costs over the Fixed Contract Price. COUNTY agrees <br />to reimburse 50% of the Fixed Contract Price to DEVELOPER in monthly_installments as <br />follows: DEVELOPER presents COUNTY with an invoice, approved by DEVELOPER, <br />from the Engineer, contractor or other third party performing the design and construction <br />work. All requests for payment under this agreement shall be governed by the Florida Prompt <br />Payment Act, FS 218.70 et. seq. <br />5. MISCELLANEOUS: <br />A. In the event of any litigation arising out of this Agreement, both parties shall bear <br />their own attorney fees and costs. <br />B. No amendment, modification, change, or alteration of this Agreement shall be valid or <br />binding unless accomplished in writing and executed by all of the parties hereto. <br />C. This Agreement shall be binding upon and inure to the benefit of the parties hereto and <br />their successors,•and assigns. <br />D. This Agreement contains the entire agreement and understanding between the parties. No <br />representation, statement, recital, undertaking, or promise not specifically set forth herein <br />shall be binding on any -party _ hereto. <br />E. This Agreement and all matters arising hereunder shall be governed by and construed in <br />accordance with the laws of the. State of Florida. Venue hereunder shall lie in Indian <br />River County, Florida. <br />F. This Agreement shall be deemed prepared jointly by each of the parties hereto and shall <br />be construed on parity as between the parties. There shall be no canon of construction <br />5 <br />J:\Pianning & Zoning\AGUERREVERE, ENRIQUE\Segovia Lakes clean 8-10-04 version.doc <br />