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this Agreement to freely transfer the rights and obligations granted by this Agreement, the assignee shall <br />not have the right to use the reclaimed water anywhere but on the property unless this Agreement is <br />amended in writing by the assignee and the COUNTY to provide otherwise. <br />Section 15. Authority <br />Each party hereto represents and warrants to the other that the execution of this Agreement and <br />any other documents required or necessary to be executed pursuant to the provisions hereof are valid, <br />binding obligations and are enforceable in accordance with their terms. <br />Section 16. Captions: <br />Captions, if included, in this Agreement are included for convenience only and are not to be <br />considered in any construction or interpretation of this Agreement or any of its provisions. <br />Section 17. Definition <br />All pronouns shall be deemed to refer to the masculine, feminine, or neuter, singular or plural, as <br />the identity of the party or parties may require. <br />Section 18. Entire Agreement: <br />This Agreement embodies the entire agreement between the parties relative to the subject matter <br />hereof, and there is no oral or written agreements between the parties, nor any representations made by <br />either party relative to the subject matter hereof, which are not expressly set forth herein. <br />Section. 19. Governing Law & Jurisdiction: <br />This Agreement shall be governed by the laws of the State of Florida and the laws of the United <br />States pertaining to transactions in such State and all actions arising out of this Agreement shall be <br />brought .in Indian River County. All of the parties to this agreement have participated freely in the <br />negotiation and preparation hereof; accordingly, this Agreement shall not be more strictly construed <br />against any one of the parties hereto. <br />Section 20. Multiple Counterparts: <br />This Agreement may be executed in a number of identical counterparts which, taken together, <br />shall constitute collectively one (1) agreement; but in making proof of this Agreement,, it shall not be <br />necessary to produce or account for more than one such counterpart executed by the party to be charged. <br />Section 21. Recording �ofAgreement: <br />The Agreement shall be recorded in the public records of Indian River County. The obligations <br />defined in this Agreement shall be a condition, which shall ran with the land and shall bind subsequent <br />owners of the Property for the term of this Agreement. HWM shall pay for the cost of recording. <br />Section 22. Severability/ Invalid Provision: <br />If any provision of the Agreement is held to be illegal, invalid or unenforceable under present or <br />future laws, such provision shall be fully severable; this. Agreement shall be construed and enforced as if <br />such illegal, invalid or unenforceable provision had never comprised a part of this Agreement, and the <br />remaining provisions of this Agreement shall remain in full force and effect and shall not be affected by <br />such illegal, invalid, or unenforceable provision or by its severance from this Agreement. <br />Section 23. Time of Essence: <br />Time is of the essence of this Agreement; however, if the final date of :any period which is set out <br />in any provision of this Agreement falls on a Saturday, Sunday or legal holiday under the laws of the <br />United States or the State of Florida, then, in such event, the time of such period shall be extended to the <br />Page. 5 of 8 71 <br />X\MASERYER%edirwedroidersUm.MoRuWty Doc=entsVIMM filcURC Rmse)Fmei JohA Island Raur MC Agreement (3)10 31 20t7iRC.doe <br />