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Highway. <br /> 3. The COUNTY shall be responsible for all construction and construction coordination <br /> including advertisement for bids, contractor selection, construction, surveying and <br /> construction inspection. <br /> 4. In the event of any litigation arising out of this Agreement, each party shall bear its own <br /> attorney fees and costs. <br /> 5. No amendment, modification, change, or alteration of this Agreement shall be valid or <br /> binding unless accomplished in writing and executed by all of the parties hereto. <br /> 6. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their <br /> successors, and assigns. <br /> 7. This Agreement contains the entire agreement and understanding between the parties. No <br /> representation, statement, recital, undertaking, or promise not specifically set forth herein <br /> shall be binding on any party hereto. <br /> 8. This Agreement and all matters arising hereunder shall be governed by and construed in <br /> accordance with the laws of the State of Florida. Venue hereunder shall lie in Indian River <br /> County, Florida. <br /> 9. This Agreement shall be deemed prepared jointly by each of the parties hereto and shall be <br /> construed on parity as between the parties. There shall be no canon of construction for or <br /> against any party by reason of the physical preparation of this Agreement. <br /> 10. Whenever the singular number is used in this Agreement and when required by the context, <br /> the same shall include the plural;and the masculine,feminine,and neuter genders shall each <br /> include the others. <br /> 11. COUNTY and DEVELOPER shall grant such further assurances and provide such additional <br /> documents as may be required by one another from time to time, and cooperate fully with <br /> one another in order to carry out the terms and conditions hereof and comply with the <br /> express intention of this Agreement. <br /> 12. Failure to insist upon strict compliance with any of the terms,covenants,or conditions herein <br /> shall not be deemed a waiver of such terms,covenants,or conditions,nor shall any waiver or <br /> relinquishment of any right or power hereunder at any one time or times be deemed a waiver <br /> or relinquishment of such right or power at any other time or times. <br /> 13. All words, terns, and conditions contained herein are to be read in concert, each with the <br /> (W other, and a provision contained under one paragraph may be considered to be equally <br /> applicable under another in the interpretation of this Agreement. <br /> 2 127 <br />