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L. Failure to insist upon strict compliance with any of the terms, covenants, or conditions herein shall not be deemed a waiver of such terms, covenants, or conditions, nor shall any waiver or relinquishment of any right or power hereunder at any one time or times be deemed a waiver or relinquishment of such right or power at any other time or times. M. All words, terms, and conditions contained herein are to be read in concert, each with the other, and a provision contained under one paragraph may be considered to be equally applicable under another in the interpretation of this Amended Agreement. N. The words herein and hereof and words of similar import, without reference to any particular section or subdivision of this Amended Agreement, refer to this Amended Agreement as a whole rather than to any particular section or subdivision hereof. O. In the event any term, condition, or clause of this Amended Agreement is declared to be illegal or unenforceable by a court of competent jurisdiction, such declaration of illegality or unenforceability shall not affect or alter the legality or enforceability of any remaining term, condition, or clause hereof, provided of the parties, as set forth in this Amended Agreement. 16. Effective Date of Amendments: The amendments set forth in this Amended Developer's Agreement (as compared to the original Developer's Agreement, dated December 13, 2005) (collectively "Developer's Agreement Amendments") are part of a settlement ("Settlement") of certain claims asserted by DiVosta, including, without limitation, claims set forth in that certain complaint filed in the Circuit Court, Indian River County, Florida, styled DiVosta Homes, L.P., et al v. Indian River County, Florida, case # 20070109 CA 19 ("Lawsuit") and claims presented under the Bert J. Harris, Jr., Private Property Rights Protection Act (collectively "Claims"). The terms of the Settlement of the Claims is set forth in the Developer's Agreement Amendments, the Development Order Amendments (as defined in Resolution 2010-037, constituting an Amended and Restated Development Order pertaining to Waterway Village), and a Settlement Agreement executed by the parties simultaneously with the execution of this Amended Developer's Agreement (collectively "Settlement Documents"). In an abundance of caution, the parties have elected to seek Circuit Court approval in the Lawsuit of the Settlement and Settlement Documents. The Settlement and Settlement Documents shall be effective as of the date of Circuit Court approval, and conclusion of all appeals, if any. If, for any reason, a final Circuit Court approval of the Settlement and the Settlement Documents is not obtained, then the Settlement and the Settlement Documents shall be null and void. RM:7031940:9 Page 12 of 14