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Section 9. Term: The term of this Agreement is ten (10) years beginning on the Effective Date, as provided above. This Agreement shall be renewed automatically for successive 10 year terms at the expiration of any preceding term, unless any party notifies the other of cancellation by written notice not less than 180 consecutive calendar days in advance of the expiration date of the preceding term. The Term of this Agreement shall run concurrently with the COUNTY'S Regional Wastewater Treatment Facility FDEP Operating Permit serving the area. Section 10. No Direct Offsite Discharge: Unless expressly authorized by a state or federal agency, SEA OAKS covenants that it shall not directly discharge reclaimed water into any body of water in the State of Florida other than the ponds or lakes (impoundment) owned by SEA OAKS. SEA OAKS will take all reasonable precautions to prevent the use of reclaimed water received as potable water. "Reclaimed Water in Use" warning signs shall be posted in strategic places to prevent consumption of the water. Section 11. Amendment: A written instrument executed by the party or parties to be bound thereby may only amend this Agreement. Section 12. Authority Each party hereto represents and warrants to the other that the execution of this agreement and any other documents required or necessary to be executed pursuant to the provisions hereof are valid, binding obligations and are enforceable in accordance with their terms. Section 13. Captions: Captions, if included, in this Agreement are included for convenience only and are not to be considered in any construction or interpretation of this Agreement or any of its provisions. Section 14. Definition All pronouns shall be deemed to refer to the masculine, feminine, or neuter, singular or plural, as the identity of the party or parties may require. Section 15. Entire Agreement: This Agreement embodies the entire agreement between the parties relative to the subject matter hereof, and there is no oral or written agreements between the parties, nor any representations made by either party relative to the subject matter hereof, which are not expressly set forth herein. Upon the effective date of this Agreement, the prior Irrigation Agreement shall be null and void. Section 16. Governing Law & Jurisdiction: This Agreement shall be governed by the laws of the State of Florida and the laws of the United States pertaining to transactions in such State and all actions arising out of this Agreement shall be brought in Indian River County. All of the parties to this agreement have participated freely in the negotiation and preparation hereof; accordingly, this Agreement shall not be more strictly construed against any one of the parties hereto. Section 17. Multiple Counterparts: This Agreement may be executed in a number of identical counterparts which, taken together, shall constitute collectively one (1) agreement; but in making proof of this Agreement, it shall not be necessary to produce or account for more than one such counterpart executed by the parry to be charged. Section 18. Recording of Agreement: The Agreement shall be recorded in the public records of Indian River County. The obligations defined in this Agreement shall be a condition, which shall run with the land and shall bind subsequent owners of the Property for the term of this Agreement. SEA OAKS shall pay for the cost of recording. Page 4 of 6 MSOPOAMUGATION - Water Use\RECLARAED WATER\Sea Oaks Reuse IRC Agreement rev 09_07_2020 FINAL.doc