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6. Developer acknowledges that in addition to the restrictions described above, all other provisions of the Indian River County Land Development Regulations applicable to site plan approval for Lot 5 shall apply. 7. This Agreement is contingent upon Developer's ability to deliver to County good and marketable title to either Property A or Property B (together with $291,819.00) on or before the date specified, failure of which shall operate as a termination of this Agreement (unless modified in writing by the parties), releasing each party from all obligations hereunder. 8. In the event of any litigation arising out of this Agreement, the prevailing party shall recover attorney's fees and costs from the non -prevailing party. 9. This Agreement and all matters arising hereunder shall be governed by and construed in accordance with the laws of the State of Florida. Venue hereunder shall lie in Indian River County, Florida. Time shall be of the essence. 10. This Agreement shall be deemed prepared jointly by each of the parties hereto and shall be construed on parity as between the parties. There shall be no canon of construction for or against any party by reason of the physical preparation of this Agreement. 11. Whenever the singular number is used in this Agreement and when required by the context, the same shall include the plural; and the masculine, feminine, and neuter genders shall each include the others. 12. The County and the Developer shall grant such further assurances and provide such additional documents as may be reasonably required by one another from time to time, and cooperate fully with one another in order to carry out the terms and conditions hereof and comply with the express intention of this Agreement. 13. Failure to insist upon strict compliance with any of the terms, covenants, or conditions herein shall not be deemed a waiver of such terms, covenants, or conditions, nor shall any waiver or relinquishment of any right or power hereunder at any one time or times be deemed a waiver or relinquishment of such right or power at any other time or times. 14. All words, terms, and conditions contained herein are to be read in concert each and with the other, and a provision contained under one paragraph may be considered to be equally applicable under another in the interpretation of this Agreement. 15. In the event any term, condition, or clause of this Agreement is declared to be illegal or unenforceable by a court of competent jurisdiction, such declaration Q RedevGroup/IRC Agreement