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Eighth Draft Clean Version <br />11/07/2022 <br />-12- <br />costs cause the costs to exceed the New Improvements Construction Budget <br />without a separate written consent from the Counties identifying the <br />additional funds to be provided. Such separate written consent shall not be <br />deemed to have been provided by a County's failure to object to a change <br />order. St. Lucie shall have the absolute right to deny any change order <br />request that would cause the New Improvements Construction Budget to be <br />exceeded. <br />iii. The New Improvements Construction Budget shall be subject to increase <br />only as a consequence of Authorized Change Orders (as defined herein), <br />to the extent such Authorized Change Orders actually increase the New <br />Improvements Construction Budget; provided, however, that the <br />Counties obligations shall be limited to the New Improvements <br />Construction Budget as may be amended. <br />iv. The Non -Trustees Parties shall have the right to monitor the construction <br />progress of the New Improvements at all times and to attend project progress <br />meetings and shall be authorized to access the Property to perform site visits, <br />provided that the Counties shall not give direction, whether verbally or in <br />writing or otherwise, to any Contractor, Architect or consultant engaged by <br />St. Lucie except in an emergency situation. <br />6. Miscellaneous Provisions. <br />a. Any alteration, variation, modification, extension, renewal, or waiver of the <br />provisions of this Agreement shall be valid only when reduced to writing, duly <br />authorized and signed, by all parties, and attached to the original. <br />b. This Agreement shall be binding on the Parties hereto, their successor and assigns <br />when permitted. <br />c. This Agreement embodies the whole understanding of the parties. There are no <br />promises, terms, conditions, or obligations other than those contained herein; and <br />this Agreement shall supersede all previous communications, representations, or <br />Agreements, either verbal or written, between the parties hereto. <br />d. This Agreement shall be filed with the Clerks of the Circuit Court of Indian River <br />County, Martin County, Okeechobee County and St. Lucie County, Florida, prior to <br />its effectiveness. <br />e. The Agreement may only be amended by a written document signed by all parties <br />and filed with the Clerks of the Circuit Court of Indian River County, Martin County, <br />Okeechobee County, and St. Lucie County, Florida. <br />W <br />