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9.6 Survival and Benefit. Except as otherwise expressly provided herein, each agreement, representation or warranty made in this Agreement by or on behalf of either party, or in any instruments delivered pursuant hereto or in connection herewith, shall survive the Closing Date and the consummation of the transaction provided for herein. The covenants, agreements and undertakings of each of the parties hereto are made solely for the benefit of, and may be relied on only by the other party hereto, its successors and assigns, and are not made for the benefit of, nor may they be relied upon, by any other person whatsoever. 9.7 The County shall construct its project substantially in conformity with the attached road construction line plans. (See Exhibit "C" attached). Accordingly, if the project is not so implemented, Sellers shall have the same remedies as would have been afforded to them had the case been resolved by verdict with said plans and specifications (Exhibit "C") having been made a part of the record at trial. Central & Southern Florida Flood Control District v. Wye River Farms, Inc., 297 So.2d 323 (Fla. 4th DCA 1974); cert denied 310 So.2d 745 (Fla. 1975). 9.8 Attorney's Fees and Costs. In any claim or controversy arising out of or relating to this Agreement, each party shall bear its own attorney's fees, costs and expenses. 9.9. Counterparts. This Agreement may be executed in two or more counterparts, each one of which shall constitute an original. 9.10. County Approval Required: This Agreement is subject to approval by the Indian River County Board of County Commissioners as set forth in paragraph 2. 9.11 Post Acquisition Status of Lot. This Agreement shall serve as a letter stating that the 5.59 -acre parcel remaining after the purchase of the 1.76 -acre right-of- way property shall be considered a buildable lot, as provided by Indian River County Code §904.05(4). SIGNATURES ON THE FOLLOWING PAGE