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obligation with respect to off-site intersection improvements through build -out of <br />High Pointe, except to the extent that additional property or units may be added to <br />High Point in the future. The County shall not withhold any approval or permit, nor <br />shall it deny concurrency, because of the condition or state of any intersection in <br />the County as long as the Developer is in compliance with this Developer's <br />Agreement. <br />3. Miscellaneous: <br />A. In the event of any litigation arising out of this Agreement, the prevailing <br />party shall recover attorneys' fees and costs from the non -prevailing party. <br />B. No amendment, modification, change, or alteration of this Agreement shall <br />be valid or binding unless accomplished in writing and executed by all of <br />the parties hereto. <br />C. This Agreement shall be binding upon and inure to the benefit of the parties <br />hereto and their successors, and assigns. <br />D. This Agreement contains the entire agreement and understanding between <br />the parties. No representation, statement, recital, undertaking, or promise <br />not specifically set forth herein shall be binding on any parties hereto. This <br />Agreement shall not be effective unless signed by the Developer and the <br />County. <br />E. The obligations of the Developer to this Agreement are expressly <br />conditioned upon the Developer's decision, at the Developer's sole <br />discretion, to proceed with the development of High Pointe. <br />F. No Building Permit, Certificate of Completion, or Certificate of Occupancy <br />shall be withheld or delayed by the County for High Pointe or any portion <br />thereof, nor shall the County delay or withhold any other required permits, <br />provided that the Developer is in compliance with this Agreement, all <br />applicable laws and regulations. <br />G. Except as described herein, and in the plans submitted by the Developer and <br />approved by the County, the County shall not require the Developer to <br />construct, contribute to, or share in the costs of any off-site improvements <br />other than the payment of impact fees. <br />H. This Agreement and all matters arising hereunder shall be governed by and <br />construed in accordance with the laws of the State of Florida. Venue <br />hereunder shall lie in Indian River County, Florida. Time shall be of the <br />essence. <br />I. This Agreement shall be deemed prepared jointly by each of the parties <br />hereto and shall be construed on parity as between the parties. There shall <br />2 <br />41 <br />