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8. Prorations. All taxes and special assessments which are a lien upon the property <br />on or prior to the Closing Date (except current taxes which are not yet due and payable) <br />shall be paid by Central. If the Closing Date occurs during the time interval commencing <br />on November 2 and ending on December 31, Central shall pay all current real estate <br />taxes and special assessments levied against the Property, prorated based on the "due <br />date" of such taxes established by the taxing authority having jurisdiction over the <br />Property. If the Closing Date occurs between January 1 and November 1, Central shall, <br />in accordance with Florida Statutes Section 196.295, deposit into escrow with the Tax <br />Collector, an amount equal to the current real estate taxes and assessments, prorated to <br />the Closing Date. <br />9. Miscellaneous. <br />9.1 Controlling Law. This Agreement shall be construed and enforced in <br />accordance with the laws of the State of Florida. Venue shall be in Indian River <br />County for all state court matters, and in the Southern District of Florida for all <br />federal court matters. <br />9.2 Conveyance in Lieu of Eminent Domain. It is understood by the parties <br />that this contract is entered into by Central under thethreat and in lieu of <br />condemnation. <br />9.3 Entire Agreement. This Agreement constitutes the entire agreement <br />between the parties with respect to this transaction and supersedes all prior <br />agreements, written or oral, between Central and the County relating to the subject <br />matter hereof. Any modification or amendment to this Agreement shallbe effective <br />only if in writing and executed by each of the parties. <br />9.4 Assignment and Binding Effect. Neither County nor Central may assign its <br />rights and obligations under this Agreement without the prior written consent of the <br />other party. The terms hereof shall be binding upon and shall inure to the benefit <br />of the parties hereto and their successors and assigns. <br />9.5 Notices. Any notice shall be deemed duly served if personally served <br />or if mailed by certified mail, return receipt requested, or if sent via `overnight" <br />courier service or facsimile transmission, as follows: <br />If to Central: <br />Central Groves Corp. <br />606 Azalea Lane <br />Vero Beach, FL 32963 <br />Attn: Benjamin F. Bailey, III <br />If to County: Indian River County <br />1801 27th Street <br />Vero Beach, FL 32960 <br />Attn: Public Works Director <br />4 <br />172 <br />