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9.3 Assignment and Binding Eq ffect. 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 hereof 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 maybe 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 />65 <br />