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Either party may change the information above by giving written notice of such change <br />as provided in this paragraph. <br />8.5 Survival and Benefit. Except as otherwise expressly provided herein, each <br />agreement, representation or warranty made in this Agreement by or on behalf of either <br />party, or in any instruments delivered pursuant hereto or in connection herewith, shall <br />survive the Closing Date and the consummation of the transaction provided for herein. <br />The covenants, agreements and undertakings of each of the parties hereto are made <br />solely for the benefit of„and may be relied on only by the other party hereto, its successors <br />and assigns, and are not made for the benefit of, nor may they be relied upon, by any <br />other person whatsoever. <br />8.6 Attorney's Fees and Costs. In any claim or controversy arising out of or relating to <br />this Agreement, each party shall bear its own attorney's fees, costs, and expenses. <br />8.7 Counterparts. This Agreement may be executed in two or more counterparts, <br />each one of which shall constitute an original. <br />8.8 County Approval Required: This Agreement is subject to approval by the Indian <br />River County as set forth in paragraph 2. <br />8.9 Beneficial Interest Disclosure: In the event Seller is a partnership, limited <br />partnership, corporation, trust, or any form of representative capacity whatsoever for <br />others, Seller shall provide a fully completed, executed, and sworn beneficial interest <br />disclosure statement in the form attached to this Agreement as an exhibit that complies <br />with all of the provisions of Florida Statutes Section 286.23 prior to approval of this <br />Agreement by the County. However, pursuant to Florida Statutes Section 286.23 (3) (a), <br />the beneficial interest in .any entity registered with the Federal Securities and Exchange <br />Commission, or registered pursuant to Chapter 517, Florida Statutes, whose interest is <br />for sale to the general public, is exempt from disclosure; and where the Seller is a non- <br />public entity, that Seller is not required to disclose persons or entities holding less than <br />five (5%) percent of the beneficial interest in Seller. <br />F:\Utilities\UTILITY - Engineering\Projects - Assessment <br />Projects\000Assessments_2017_Proposed\06_NorthCountySeptic_to_SewerAssessmentProject_61_Parcels\Easements\Purchase Sell Agreement <br />ROW AND TCE.docx <br />P55 <br />