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40 <br />•• <br />delivered to Developer at: <br />Sea Oaks Development Co. <br />8850 North A -1-A <br />Vero Beach, FL 32963 <br />aril if W the Service CWPnY, at: <br />Sea Oaks Utilties, Inc. <br />-3339 Cardinal Drive <br />Vero Beach, FL 32963 <br />ana <br />North Beach Water Co. <br />3339 Cardinal Drive <br />Vero Beach, FL 32963 <br />16. laws of Florida. Ttds Agreement shall be governed by the yaws <br />of the State of Florida and it shall be and become effective iNnedi,ately upon <br />execution by both parties hereto, subject to any approvals which must be <br />obtained frcm governmental authority, if applicable, <br />19. Costs and Attorney's Fees. In the event the Service Owpany or <br />otherwise, <br />thhe wiseper is required to enforce this Agreement by Court proceecangs or <br />by instituting suit or otherwise, then the prevailing party shall be <br />entitled to recover from the other party all costs incurred, including <br />reasonable attorney's fees, <br />10. Force Msieure. In the event that the performance of this <br />Agreement by either party to this Agreement is prevented or interrupted in <br />oonsequanoe of any cause beyond the Control of either party, including but not <br />limited to Act of God or or the public enemy, war, national emergency, <br />allocation or of other governmental, restrictions upon the use or avilability of <br />-Labor or materials, rationing, civil insurrection, riot, racial, or civil rights <br />disorder or demonstration, strike, embargo, flood, tidal wave, fire, explosion, <br />lxx»b detonation, nuclear fallout, windstorm, hurricane, earthquake, or other <br />casualty or disaster or catastrophe, unforseealaye failure or breakdown of <br />treatment facilities, collection lines, pmmmping transmission or akdow <br />facilities, governmental aisles or acts or orders or restrictions or regulations <br />her <br />or requirements, acts or action of any government or public or governnentaL <br />authority or commission or board or agency or agent or official or officer, the <br />enactment or any statute or ordinance or resolution or regulation or rule or <br />ruling or ordsr, order or decree or judgment or restraining order or injunction <br />of any court, said party shall not be- liable for such non-pertornunce. <br />ll. Indemnification. Developer agrees to indemnify and hold Service <br />Ca"1anY harmless Tran and against any and ali liabilities, claims, dviuges, <br />costs and expenses (including reasonable attorney's tees) to which Service <br />Company MAY become subject by reason of or arising out of Developer's <br />performance of this Agreement. <br />This indemnification provision shall survive the actual connection to Service <br />CoaVany's sewer system. <br />-12- <br />