40
<br />s•
<br />renegotiate the terms of this Agreement with assignee or the
<br />transferee. Such approval to sale, transfer or assignment
<br />shall not be unreasonably withheld. Nothing herein shall
<br />preclude sales of individual units land assignment of rights of
<br />sewer service pertaining thereto.
<br />19. Notice - Until further wrietcn-notice by either
<br />party to the other, all notices provided for herein shall be in
<br />writing and transmitted by messenger, by 'mail or by telegram,
<br />and if to Developer, shall be mailed or delivered to Developer
<br />at: ,
<br />Gordon S. Nutt
<br />x '®
<br />_ ngwoo 1a. 32750
<br />and if to the Service Company, at:
<br />Sea Oaks Utilities, Inc.
<br />Post Office Box 157
<br />Wabasso, Florida 32970 '
<br />20. Laws of Florida ThisA reement shall be
<br />governed by the laws of the State of Florida and it shall be
<br />and become effective immediately upon execition by both parties
<br />hereto, subject to any approvals which myst be obtained from
<br />governmental authority, if applicable'. i':
<br />21. Costs and Attorne s; Fees In the event the
<br />Service Company or Developer are I required to enforce this
<br />Agreement by Court proceedings or; other w'�Se, by instituting
<br />suit or otherwise, then the prevailing par X shall be entitled
<br />to recover from the other partyall.
<br />appe..l. 'I' costs:':ncurred, including
<br />reasonable attorney's fees, including �torney' s fees on
<br />22. Force Maieure - In the,� event that the
<br />performance of this Agreement byl'Servi©� Company to this
<br />Agreement is prevented or interrupted in;•Fonsequencr~ of any
<br />cause beyond the control of Service Company''insequeng, but not
<br />limited to, Acts of God or of the public
<br />em, rgency, allocation or of other'. g . `rlemy' war, national
<br />strictions
<br />upon the use •or availability of labor ore aterials,ntal grationing,
<br />civil insurrection, riot, racial Ori. civil' 'rights disorder or
<br />demonstration, strike, embargo, flood,tidal wave, fire,
<br />explosion, bomb detonation, nuclear fallout, windstorm,:
<br />hurricane, earthquake, or other casualty;, . or disaster or
<br />catastrophe, unforeseeable failure 'ror breakdown of pumping
<br />transmission or other facilities, :any aqq all governmental
<br />rules or acts or orders or restrictions"
<br />'r regulations or
<br />requirements, acts or action of-an.y gone 1ment or public or
<br />governmental authority or commission or 1igard or agency or
<br />agent or official or officer,. -the enactmen4•of any statute or
<br />ordinance or resolution or regulation or (rule or ruling or
<br />order, order or decree or judgment or restraining order or
<br />injunction of any court, said party shal�not be liable for
<br />such non-performance.
<br />23.
<br />Indemnification
<br />and hold Service Company harmless efrom pand�ac�rees to indemnify
<br />liabilities, claims, damages, costs and 'f'gaiPpen c any and all
<br />reasonable attorney's fees) to which ServicojCompany maycluding become
<br />subject by reason of or arising out; of Developer's breach or
<br />non-performance of this Agreement. This indemnification
<br />provision and all warranty provisions shall.!survive the actual
<br />connection to Service Com I
<br />pang s sewer systems.•
<br />i rid.
<br />I r
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