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ENGINEER arising out of the work performed or to be performed by the party <br />with whom the ENGINEER is contracting hereunder, or any other concerning <br />parties' agents, affiliates, Subsidiaries, or assigns, excepting only such actions, <br />claims or lawsuits arising out of the gross negligence of the ENGINEER, its <br />affiliates, subsidiaries, officers and employees. <br />SECTION XVIII - ENTIRETY OF AGREEMENT <br />This writing embodies the entire AGREEMENT and understanding between the parties <br />hereto, and there are no other agreements and understandings, oral or written, with reference to <br />the subject matter hereof that are not merged herein and superseded hereby. <br />No alteration, change, or modification of the terms of this Agreement shall be valid <br />unless made in writing and signed by both parties hereto. <br />This AGREEMENT, regardless of where executed, shall be governed by and construed <br />according to the laws of the State of Florida. <br />IN WITNESS WHEREOF the parties hereto have executed these presents this <br />17th day of June 2008. <br />Schulke, Bittle and Stoddard, [,.L.C. INDIAN RIVER COUNTY, FLORIDA <br />1717 hidian River Boulevard, Suite 201 BOARD OF COUNTY COMMISSIONERS <br />VERO BEA, C- I, FLORIDA 32960 <br />FOR: (4-1 <br />Joo ah B. Bittle, P.E.. <br />ana..Ow, Member <br />WiTNESSE BY: <br />By: <br />Approved as to Fonn and Legal <br />Sufficiency <br />j <br />By. <br />B�/ <br />Sa dra L. Bowden, Chairman <br />Attest: <br />By:G' <br />e uty Clerk or tura,' hurt <br />Accepted: <br />f <br />F:AEngineering\Special Projects\Enclave Subdivision\Agreements\The Enclave Aoreement.doc <br />7 <br />