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provided in this paragraph. (W 8.5 Survival and Benefit. Except as otherwise expressly provided herein, each agreement, representation or warranty made in this Agreement by or on behalf of either party, or in any instruments delivered pursuant hereto or in connection herewith, shall survive the Closing Date and the consummation of the transaction provided for herein. The covenants, agreements and undertakings of each of the parties hereto are made. solely for the benefit of, and may be relied on only by the other party hereto, its successors and assigns, and are not made for the benefit of, nor may they be relied upon, by any other person whatsoever. 8.6 Attorney's Fees and Costs. In any claim or controversy arising out of or relating to this Agreement, each party shall bear its own attorney's fees, costs, and expenses. 8.7. Counterparts. This Agreement may be executed in two or more counterparts, each one of which shall constitute an original. 8.8. County Approval Required: This Agreement is subject to approval by the Indian River County as set forth in paragraph 2.1 8.9 Engineering Costs: The County shall pay engineering fees in the sum of $1,350 to Seller's engineer, Landon, Moree and Associates for engineering review work done on Seller's behalf.. 8.10 "Seller acknowledges receipt of the "Notice to Owner" and understands his/her rights granted under Florida Law Chapters 73 and 74." Initials 9. Additional Responsibilities of the County. 9.1 Three driveways exist on the property. The County or its Contractor shall replace the eastern existing driveway with a similar size and type drive with a culvert underneath. Both the western and the eastern driveways shall have a slope no greater than 5% in the after condition. Seller shall permit the County or its contractor to come onto Seller's property either by license or temporary construction easement to do the work necessaryto keep the grades of the driveways less than 5%. 9.2 The attached road plans adjacent to the Seller's property are attached and incorporated herein as composite "Exhibit C". 9.3 The County shall pay at the time of closing to Brent Simon, P.A. attorneys for the Seller, the sum of 5.25% of the purchase price or $5,250.00 in full satisfaction of attorney's fees in this matter. 9.3 When digging the new drainage swale along 49th Street, the County or its contractor will place the excavated fill on the Hobbs property parallel to 49th Street and the fill will then become Seller's property. 35