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and covenants imposed by the provisions hereof, or any amendment thereto, including the right to prevent the violation of such conditions and covenants and the right to recover actual damages for such violation (but not consequential or punitive damages). 8. No compensation or other payment shall be exchanged by and between any of the Parties for the easements, rights of use, and licenses granted by this Agreement. 9. No amendment, modification, change, or alteration of this Agreement shall be valid or binding unless accomplished in writing and executed by all of the Parties hereto. 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. 10. This Agreement contains the entire agreement and understanding between the Parties. No representation, statement, recital, undertaking, or promise not specifically set forth herein shall be binding on any Party hereto. This Agreement and all matters arising hereunder shall be governed by and construed in accordance with the laws of the State of Florida. Venue for any dispute hereunder shall be in Indian River County, Florida. This Agreement shall be deemed prepared jointly by each of the parties hereto and shall be construed on a 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. 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 of illegality or unenforceability shall not affect or alter the legality or enforceability of any remaining term, condition, or clause hereof, provided said declaration of illegality or unenforceability does not destroy the intent of the parties, as set forth in this Agreement. 12. The Parties hereby knowingly, voluntarily, and intentionally, waive trial by jury in any action brought by one against the other in connection with any matters arising out of or in any way connected with this Agreement. This waiver shall apply to any original claim, counterclaim, cross claim, or other claim of any kind asserted by any Party in any such action. No Party, nor any representative of such Party, including counsel, has represented to any other that it would not seek to enforce this waiver of right to jury trial in any such action. The Parties acknowledge that the provisions of this section are a material inducement to their entering into this Agreement. 13. This Agreement shall be recorded in the Public Records of Indian River County, Florida. [Signature Pages Follow] Page 3 of 6