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1. It is agreed by owner and contractor.that the above payment is not a final payment within the meaning of the contract, including but not limited to paragraphs 9.9.4 and 9.9.5 of the general conditions to the contract, and further, that the sun of $1,000.00 payable to contractor under the contract shall be designated as the Final Payment and not paid until the termination of the lawsuit referred to hereinabove. 2. That in addition to this letter agreement not serving as a waiver by Indian River County of any rights or claims it may have against Reinhold Construction Inc. by reason of the courthouse renovation and the contract relating thereto, neither acceptance of the payment nor this letter agreement shall_ constitute a waiver by Reinhold Construction Inc. of any claims, demands, actions or causes of action Reinhold Construction Inc. may have against Indian River County heretofore or hereafter arising out of or by virtue of the aforesaid contract or otherwise, including but not limited to all such claims, demands, actions and causes of action as are set forth in the pleadings and other papers filed of record in the above -referenced lawsuit presently pending. Satre shall survive payment of the monies under payment #17 and the signing of this letter agreement. 3. The matters set forth in this letter shall not be deemed to be an admission by either Indian River County or Reinhold Construction Inc. of the validity of the claims, etc. as asserted or which may be asserted against the other, and further, neither is hereby waiving any defenses it may have to such claims of the other party. 4. Neither the owner nor the contractor is by reason of the matters set forth herein or otherwise waiving any claim, demand, action or cause of action it may now or hereafter have against Connell, Metcalf and Eddy, Inc. arising by virtue of the aforesaid contract between owner and contractor, that certain contract between owner and Connell, Metcalf and Eddy, Inc. pertaining to the above -referenced project, or otherwise. Further, it is understood and agreed by and between owner and contractor that this letter agreement is not intended to confer any benefit or rights upon any third parties. 5. This letter shall further serve as reaffirmation by Reinhold Construction Inc. of the unsettled claim against Indian River County asserted in the aforesaid lawsuit including the demand for monies for extra painting and repairing of surfaces not shown in the contract drawings, per diem charge for job overrun of a minim►, of 66 days, escalated construction costs due to delay in availability of annex, and interest on unpaid monies due and owing under the courthouse contract. 6. 'Anis letter does not in any manner modify the agreement between the parties of February, 1982, relating to the administration building contract. So there can be no confusion regarding the foregoing, I uuould appreciate the Board of County Commissioners confirming its agreement to the foregoing by signing where indicated hereinbelow by and through its duly authorized attorney or other representative. Very truly yours, 10DONIVIAOR 10 0Z Board of County Commissioners, Indian Rivea�ou my - Florida La or ve a 89-B�� AUG 4198