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together, shall be deemed to constitute one and the same Agreement, even though all of the <br />parties hereto may not have executed the same counterpart. <br />0) Wherever in this Agreement provision is made for the doing of any act by any person <br />it is understood and agreed that such act shall be done by such person at its own cost and <br />expense unless a contrary intent is expressed. <br />(k) The phrase "Execution Date" shall be interpreted to mean the date of execution of this <br />Agreement by both Buyer and Seller. <br />27. JUDICIAL CONSTRUCTION. Should any provision of this Agreement require judicial <br />interpretation, it is agreed that the court interpreting or construing the same shall not apply a <br />presumption that the terms hereof shall be more strictly construed against one party by reason of <br />the rule of construction that a document is to be construed more strictly against the party who <br />itself or through its agent prepared the same, it being agreed that the agents of all parties have <br />participated in the preparation hereof. <br />28. CLOSING DATE. The words "Closing" and "Closing Date," or words of similar <br />importance as used in this Agreement, shall be construed to mean the originally fixed title and <br />Closing Date specified herein or any adjourned time and date specified herein or agreed to in <br />writing by the parties or any earlier date permitted herein. <br />29. DELIVERY OF POSSESSION. Possession of the Property shall be delivered to <br />Buyer at Closing. <br />30. NOTICES. All notices, demands, or requests required or permitted to be given pursuant <br />to this Agreement shall be in writing and shall be deemed to have been properly given or <br />served to the addresses shown below, and shall be effective upon being: (a) delivered by <br />recognized courier service such as Federal Express; (b) delivered via e-mail with confirmation <br />of receipt; (c) delivered by fax with confirmation of receipt; (d) by hand delivery; or (e) by <br />being deposited in the United States mail, postage prepaid and registered or certified with <br />return receipt requested. Notice to or from counsel for a party shall be the same as notice to or <br />from a party. <br />AS TO SELLER: James O'Connor, City Manager <br />City of Vero Beach <br />1053 201h Place <br />P.O. Box 1389 <br />Vero Beach, FL 32961-1389 <br />Phone No.: 772-978-4710 <br />Fax No.: 772-978-4716 <br />Email: JOconnor ,,covh_org <br />Page 10 of 15 <br />Buyer's Initials Seller's Initials <br />