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9.3 Assignment and Binding Effect. Neither County nor Seller may assign its rights. and <br />obligations under this Agreement without the prior written consent of the other party. The <br />terms he shall be binding upon and shall :inure to the benefit of the parties hereto and <br />their successors and assigns. <br />9.4 Notices.. Any notice shall>be deemed duly served if personally served or if mailed by <br />certified mail, return receipt requested, or if sent via "overnight" courier service, or facsimile <br />transmission; as follows: <br />If to Seller: Robert & Linda Scheefer <br />69 Beaver Pond Way <br />Saranac Lake, NY -12983 <br />If'to County: Indian River County <br />1801 27th Street <br />Vero Beach, FL 32960 <br />Attn: Land Acquisition/Monique Filipiak <br />Either party may change the information, above by giving written notice of such change as <br />provided in this paragraph. <br />9.5 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 other <br />person whatsoever: <br />9.6 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 />9.7 Counterparts., This Agreement may be executed in two or more counterparts, each <br />one of which shall constitute an original. <br />9.8 County Approval Required: This Agreement is subject to approval by the Indian <br />River County'Board of County Commissioners as set forth. in paragraph 2. <br />9.9 Beneficial Interest Disclosure: In the event Seller is a partnership, limited partnership, <br />corporation, trust, or any form of representative capacity -whatsoever for others, Seller <br />shall -provide a fully -completed, executed, and sworn beneficial interest disclosure <br />statement in the form attached.to this Agreement as an exhibit that complies with all of the <br />provisions of Florida Statutes Section 286.23 prior to. approval -of this Agreement by the <br />County. However, pursuant to _Florida Statutes Section 286.23 (3) (a), the beneficial <br />interest in any entity registered with the Federal Securities and Exchange Commission, or <br />registered pursuant to Chapter 517, Florida: Statutes, whose interest. is for sale to the <br />_ - 5 <br />