Laserfiche WebLink
6. Miscellaneous: <br /> A. In the event of any litigation arising out of this Agreement, the prevailing <br /> party shall recover attorneys' fees and costs for the non-prevailing party. <br /> B. No amendment, modification, change, or alteration of this Agreement <br /> shall be valid or binding unless accomplished in writing and executed by <br /> all of the parties hereto. <br /> C. This Agreement shall be binding upon and inure to the benefit of the <br /> parties hereto and their successors, and assigns. <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 Developer 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 Developer's sole <br /> discretion, to proceed with the Providence Pointe project. <br /> F. This Agreement and all matters arising hereunder shall be governed 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 others. <br /> I. The County and the Developer shall grant such further assurances and <br /> provide such additional documents as may be reasonably required by one <br /> another from time to time, and cooperate fully with one another in order to <br /> carry out the terms and conditions hereof and comply with the express <br /> intention of this Agreement. <br /> JABruce\clients\Providence Pointe-Barile\Agreement for Dedication of Right-of-Way clean 10.28.14.docx <br /> 3 <br />