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21. Governing Law, Attorneys' Fees. This Settlement Agreement shall be construed <br />and the legal relations between the Parties shall be determined in accordance with Florida law. <br />In any litigation or other legal proceeding arising out of or related to this Settlement Agreement, <br />both parties agree to waive claims for attorneys' fees and costs. <br />22. Waiver. Each Party acknowledges and agrees that it has had the opportunity <br />to consult with counsel of its choice in deciding whether to enter this Settlement Agreement. Each <br />Party further acknowledges that it was not fraudulently induced, coerced, or intimidated <br />to sign this Settlement Agreement, and agrees not to seek to upset this Settlement Agreement <br />by reason of any fact or matter, including but not limited to the discovery of any claim or defense <br />not presently known to it. Each Party affirmatively waives and releases any claim that it has been <br />misled or fraudulently induced to enter this Settlement Agreement. <br />23. Authority. Each Party represents and warrants that it is authorized to enter <br />this Settlement Agreement, and that the individual executing this Agreement on its behalf has <br />the legal authority to do so. The MARTINBCC's resolution, the INDIANRIVERBCC's and <br />Indian River ESD Board's resolution, and the CARE Board's resolution authorizing the execution <br />of this Settlement Agreement are attached hereto as Exhibits N through P, respectively. The <br />Brightline resolution authorizing the execution of this Settlement Agreement is attached hereto as <br />Exhibit Q. <br />24. Counterparts. This Agreement may be executed in counterparts, by email or <br />facsimile, each of which shall be deemed an original but all of which shall constitute one <br />instrument. <br />25. Venue. Venue for disputes arising out of or relating to this Settlement Agreement <br />shall be in the U.S. District Court for the Southern District of Florida, Fort Pierce Division, or state <br />court in St. Lucie County, Florida. <br />26. Conflicts. If there is a conflict between the terms of this Agreement and the terms <br />within any of the Exhibits attached hereto, the terms of this Agreement shall control and prevail. <br />-15- <br />