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• <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 development of Providence Pointe. <br />F. No Building Permit, Certificate of Completion, or Certificate of <br />Occupancy shall be withheld or delayed by the County for Providence <br />Pointe or any portion thereof, nor shall the County delay or withhold any <br />other required permits, provided that the Developer is in compliance with <br />this Agreement, all applicable laws and regulations. <br />G. Except as described herein, and in the plans submitted by the Developer <br />and approved by the County, the County shall not require the Developer to <br />construct, contribute to, or share in the costs of any off-site traffic <br />improvements other than the payment of traffic impact fees. <br />H. 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 />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 />J. 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 />K. The County and the Developer shall grant such further assurances and <br />111) provide such additional documents as may be reasonably required by one <br />j:\bruce\clients\providence pointe-barile\developer's agreement clean 10.28.14.docx <br />6 <br />63 <br />