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'i - successors and assigns.- The PROJECT SPONSOR may not assign this Agreement nor any interest hereunder without the express written consent of FIND. 20. Waiver of a breach of any provision of this Agreement shall not be deemed a waiver of any other breach of the same or different provision. 21. Any notice required to be given pursuant to the terms and provisions of this Agreement shall be in writing, postage prepaid, and shall be sent by certified mail, return receipt requested, to FIND or PROJECT SPONSOR at the addresses below. The notice shall be effective on the date indicated on the return receipt. To FIND'ats Florida Inland Navigation District 1314 Narcinski Road Jupiter, Florida 33477 To PROJECT SPONSOR ats Nr. Terry B. Thompson, Capital Projects Manager Indian River County Administration Building 1840 25th Street Vero Beach, FL 32960 i2. The validity, interpretation and performance of this Agreement shall be controlled and construed according to the Laws of the State of Florida. 23. It is the intent of FIND to issue this funding assistance to the PROJECT SPONSOR who has made application for this assistance. In the event the PROJECT SPONSOR transfers ownership or management of this facility`to a party or parties not now a part of this document, other than another governmental entity that agrees topassume, in writing, PROJECT SPONSOR'S s obligation hereunder, FIND retains the right to reimbursement from the PROJECT SPONSOR for its participation to the full extent of the funding assistance awarded to accomplish this facility. 24. This Agreement, including any exhibits made a part hereof, embodies the entire Agreement and understanding of the parties and supersedes all prior oral and written communications between them. The terms hereof may be modified only by a writing signed by both parties hereto. 25. In the event that FIND or PROJECT SPONSOR institutes any action or suit to enforce the provisions of this Agreement, the prevailing party in such litigation shall be entitled to reasonable costs and attorney's fees at the �. trial and appellate levels. tD —5—