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other party hereto, its successors and assigns, and are not made for the benefit <br />of, nor may they be relied upon, by any other person whatsoever. <br />9.7 Attorney's Fees and Costs. In any claim or controversy arising out of or <br />relating to this Agreement, each party shall bear its own attorney's fees, costs and <br />expenses. <br />9.8. Counterparts. This Agreement may be executed in two or more <br />counterparts, each one of which shall constitute an original. <br />9.9. County Approval Required. This Agreement is subject to approval by the <br />Indian River County Board of County Commissioners as set forth in paragraph 2. <br />9.10 Replacement of Fencing Along the Property. At the time of construction, <br />the County shall, at its own cost, remove the existing fencing along the current <br />right-of-way line and either relocate it or replace it with similar fencing at the new <br />right-of-way line. <br />SIGNATURES ON THE FOLLOWING PAGE <br />5 <br />