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determining or quantifying the amount. Reasonable costs to which the prevailing party is entitled shall include costs which are taxable under any applicable statute, rule, or guideline. 21. DEFAULT. If this Agreement is not otherwise terminated pursuant to the terms hereof, and should Buyer fail to close under this Agreement within. the time specified, the Deposit paid by the Buyer aforesaid, together with interest thereon, if any, shall be paid by the Escrow Agent to and retained by Seller as liquidated damages, consideration for the execution of this Agreement, and in full settlement of any claims, and Buyer shall be obligated to return all documents to Seller; whereupon all parties shall be relieved of all obligations under the Agreement. Should the Seller default or breach any obligation hereunder, the Buyer's sole remedy, shall be either to seek specific performance of this Agreement, or elect to receive the return of its deposit from the Escrow Agent, together with all interest thereon, if any, in which event the Agreement shall be terminated upon Buyer's receipt of the deposit and the interest, if any, and thereupon, neither party shall have any further rights hereunder or obligations to each other. In no event shall Seller be liable to Buyer for damages of any kind. 22. AGREEMENT NOT RECORDABLE PERSONS BOUND AND NOTICE. Neither this Agreement nor any notice thereof shall be recorded in any public records. However, Buyer recognizes that this Agreement shall be part of the Public Records of the Seller in its capacity as a municipality and thereby subject to inspection and copying. This Agreement shall bind and inure to the benefit of the parties hereto and their successors in interest. Whenever the context permits, singular shall include plural and one gender shall include all. Notice given by or to the attorney for either party shall be as effective as if given by or to said party. 23. SOLE AND ENTIRE AGREEMENT. This Agreement supersedes all prior discussions and agreements between the parties in respect to the conveyance of the Property and constitutes the sole and entire Agreement between Seller and Buyer in respect thereto. 24. MODIFICATIONS.. No alteration, amendment, change, or addition to this Agreement shall be binding upon either party hereto unless and until reduced to writing and signed by both parties. 25. ASSIGNMENT. This Agreement may not be assigned by either party without the written consent of the other party and any attempt to assign this Agreement or any interest or right hereunder without such written consent shall be deemed void and without any effect. Any permitted assignee shall take such assignment subject to all terms and conditions referenced herein, including, but not limited to, the AS -IS provisions of this Agreement. 26. INTERPRETATION. For all purposes of this Agreement, except as otherwise expressly provided, or unless the context otherwise requires: (a) This Agreement and all questions of interpretation, construction, and enforcement, and all controversies arising hereunder, shall be governed by and adjudicated in accordance with the internal laws of the State of Florida. Venue shall be in Indian River County, Florida. (b) The captions, headings, and section numbers appearing in this Agreement are inserted as a convenience only and in no way define, limit, construe, or describe the scope or intent of such sections nor shall in any way effect the interpretation hereof. Page 8 of 15 Buyer's Initials Seller's Iniy�ls