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shall be returned to their respective legal positions prior to entering into this Settlement Agreement. B. Amendments To Development Order: Attached hereto as Exhibit "A" is the amendment of the Development Order (the "Amended Development Order") which has been approved by IRC. If for any reason a final and non -appealable Amended Development Order does not become effective in the attached form or in a form otherwise acceptable to DiVosta and IRC, then the terms of this Settlement Agreement shall become void and ineffective and the parties hereto shall be returned to their respective legal positions prior to entering into this Settlement Agreement. C. Amendments To Developer's Agreement: Attached hereto as Exhibit "B" is the amendment of the Developer's Agreement (the "Amended Developer's Agreement") which has been approved by IRC. If for any reason a final and non -appealable Amended Developer's Agreement does not become effective in the attached form or in a form otherwise acceptable to DiVosta and IRC, then the terns of this Settlement Agreement shall become void and ineffective and the parties hereto shall be returned to their respective legal positions prior to entering into this Settlement Agreement. D. NOPC: DiVosta has submitted a Notice of Proposed Change to the DRI to IRC, Treasure Coast Regional Planning Council and the Florida Department of Community Affairs, consistent with this Settlement Agreement, and has paid the filing fees associated with those filings. 4. Releases: Conditioned upon the final, non -appealable approval and delivery of the Amended Development Order and the Amended Developer's Agreement in a form acceptable to IRC and DiVosta, the parties shall hereby release each other from all claims, actions and damages arising from the matters alleged in the Lawsuit and the Bert Harris Claim, as applicable. In the event the Amended Development Order and the Amended Developer's Agreement are not approved in a final and non -appealable form acceptable to IRC and DiVosta, then this release shall become void and ineffective and the parties hereto shall be returned to their respective legal positions prior to entering into this Settlement Agreement. 5. Notices: All notices and communications required or permitted to be given hereunder shall be in writing and hand delivered or mailed by certified mail, return receipt requested (postage prepaid), or sent by Federal Express, or similar overnight delivery service, addressed as follows: If to DiVosta Homes, L.P.: DiVosta Homes, L.P. 9240 Estero Park Commons Blvd. Estero, FL 33928 Attn: Ryan Marshall RM:6637905:11 3 If to IRC: Office of County Attorney Indian River County 1840 25th Street Vero Beach, FL 32960 Attn: Alan Polackwich, County Attorney