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construct, contribute to, or share in the costs of any off-site improvements <br />other than the payment of concurrency fees, which said fees have been paid <br />to the County. <br />G. 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. THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY, <br />AND INTENTIONALLY WAIVE ANY RIGHT THAT MAY EXIST TO <br />HAVE A TRIAL BY JURY IN RESPECT OF ANY LITIGATION BASED <br />UPON OR ARISING OUT OF, UNDER, OR IN ANY WAY <br />CONNECTED WITH, THIS AGREEMENT. <br />H. 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 />be no canon of construction for or against any parry by reason of the <br />physical preparation of this Agreement. <br />I. Whenever the singular number is used in this Agreement and when required <br />by the context, the same shall include the plural; and the masculine, <br />feminine, and neuter genders shall each include the others. <br />J. The County and the Developer shall grant such further assurances and <br />provide such additional documents as may be reasonably required by one <br />another from time to time, and cooperate fully with one another in order to <br />carry out the terms and conditions hereof and comply with the express <br />intention of this Agreement. <br />K. Failure to insist upon strict compliance with any of the terms, covenants, or <br />conditions herein shall not be deemed a waiver of such terms, covenants, or <br />conditions, nor shall any waiver or relinquishment of any right or power <br />hereunder at any one time or times be deemed a waiver or relinquishment <br />of such right or power at any other time or times. <br />L. All words, terms, and conditions contained herein are to be read in concert <br />each with the other, and a provision contained under one paragraph may be <br />considered to be equally applicable under another in the interpretation of <br />this Agreement. <br />M. The words herein and hereof and words of similar import, without <br />referenced to any particular section or subdivision of this Agreement, refer <br />to this Agreement as a whole rather than to any particular section or <br />subdivision hereof. <br />N. In the event any term, conditions, or clause of this Agreement is declared to <br />be illegal or unenforceable by a court of competent jurisdiction, such <br />3 <br />