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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. This <br />limitation shall not apply to any claim or controversy arising out of or relating to failure of <br />the County to comply with the terms of Section 9.10, below. Nor shall it apply to any <br />further taking or acquisition of any property interest. <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 whatsoeverfor others, Seller shall <br />provide a fully completed, executed, and sworn beneficial interest disclosure statement in <br />the form attached to this Agreement as an exhibit that complies with all of the provisions of <br />Florida Statutes Section 286.23 prior to approval of this Agreement by the County. <br />However, pursuant to Florida Statutes Section 286.23 (3) (a), the beneficial interest in any <br />entity registered with the Federal Securities and Exchange Commission, or registered <br />pursuant to Chapter 517, Florida Statutes, whose interest is for sale to the general public, <br />is exempt from disclosure; and where the Seller is a non-public entity, that Seller is not <br />required to disclose persons or entities holding less than five (5%) percent of the beneficial <br />interest in Seller. <br />9.10 Understanding: The Seller has agreed to sell for the stated purchase price on <br />the understanding that the project will be constructed, and the parcel taken will be used, in <br />substantial accordance with Contract Plans, 45th Street and US Highway 1 Roadway and <br />Signalization Improvements, IRC Project No.: 1355, 90% Plans Submittal, December, <br />2015, bearing date and time at the bottom of the cover page (copy attached as Exhibit "C") <br />of 15/18/2015, 7:48:13 AM, which plans are incorporated herein by reference and made a <br />part of this agreement. This provision of the Agreement shall survive the closing date and <br />consummation of the transaction. <br />(SIGNATURE PAGE FOLLOWS) <br />