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6. Miscellaneous: <br />A. In the event of any litigation arising out of this Agreement, the pr <br />party shall recover attorneys' fees and costs for the non -prevailing <br />B. No amendment, modification, change, or alteration of this Ag <br />shall be valid or binding unless accomplished in writing and exec <br />all of the parties hereto. <br />C. This Agreement shall be binding upon and inure to the <br />parties hereto and their successors, and assigns. <br />iling <br />by <br />of the <br />D. This Agreement contains the entire agreement and understanding between <br />the parties. No representation, statement, recital, undertaking, or promise <br />not specifically set forth herein shall be binding on any parties hereto. This <br />Agreement shall not be effective unless signed by the Developei and the <br />County. <br />E. The obligations of the Developer to this Agreement are expressly <br />conditioned upon the Developer's decision, at the Developis sole <br />discretion, to proceed with the Providence Pointe project. <br />F. This Agreement and all matters arising hereunder shall be gov med by <br />and construed in accordance with the laws of the State of Florida. Venue <br />hereunder shall lie in Indian River County, Florida. Time shall be of the <br />essence. <br />G. This Agreement shall be deemed prepared jointly by each of the parties <br />hereto and shall be construed on parity as between the parties. There shall <br />be no canon of construction for or against any party by reason of the <br />physical preparation of this Agreement. <br />H. Whenever the singular number is used in this Agreement and when <br />required by the context, the same shall include the plural; and the <br />masculine, feminine, and neuter genders shall each include the of ers. <br />I. The County and the Developer shall grant such further assur <br />provide such additional documents as may be reasonably requil <br />another from time to time, and cooperate fully with one another <br />carry out the terms and conditions hereof and comply with tl <br />intention of this Agreement. <br />JABruc6clientsTrovidence Pointe-Barile\Agreement for Dedication of Right -of -Way clean 10.28.14.doex <br />3 <br />ces and <br />i by one <br />order to <br />express <br />75 <br />