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2 127 <br />Highway. <br />3. <br />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. <br />In the event of any litigation arising out of this Agreement, each party shall bear its own <br />attorney fees and costs. <br />5. <br />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. <br />This Agreement shall be binding upon and inure to the benefit of the parties hereto and their <br />successors, and assigns. <br />7. <br />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. <br />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. <br />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. <br />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. <br />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. <br />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. <br />All words, terns, and conditions contained herein are to be read in concert, each with the <br />(W <br />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 />