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A TRUE COPY <br />CERTIFICATION ON LAST PAGE <br />J.R. SMITH, CLERK <br />9.6 Survival and Benefit. Except as otherwise expressly provided herein, <br />each agreement, representation or warranty made in this Agreement by or on <br />behalf of either party, or in any instruments delivered pursuant hereto or in <br />connection herewith, shall survive the Closing Date and the consummation of the <br />transaction provided for herein. The covenants, agreements and undertakings of <br />each of the parties hereto are made solely for the benefit of, and may be relied on <br />only by the other party hereto, its successors and assigns, and are not made for <br />the benefit of, nor may they be relied upon, by any other person whatsoever. <br />9.7 The County shall construct its project substantially in conformity with the <br />attached road construction line plans. (See Exhibit "C" attached). Accordingly, if <br />the project is not so implemented, Sellers shall have the same remedies as would <br />have been afforded to them had the case been resolved by verdict with said plans <br />and specifications (Exhibit "C") having been made a part of the record at trial. <br />Central & Southern Florida Flood Control District v. Wye River Farms, Inc., 297 <br />So.2d 323 (Fla. 4th DCA 1974); cert denied 310 So.2d 745 (Fla. 1975). <br />9.8 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 />9.9. Counterparts. This Agreement may be executed in two or more <br />counterparts, each one of which shall constitute an original. <br />9.10. 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 />9.11 Post Acquisition Status of Lot. This Agreement shall serve as a letter stating <br />that the 3.40 acre parcel remaining after the purchase of the 0.99 acre right-of-way <br />property shall be considered a buildable lot, as provided by Indian River County <br />Code §904.05(4). <br />SIGNATURES ON THE FOLLOWING PAGE <br />Wi <br />