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of <br />e <br />ATF and IR -5'12 ATF and CCC will not challenge the issuance of permit numbers IR - <br />511 M1 ATF and IR -512 ATF and will not encourage any other entity to challenge the <br />issuance of either such permit. <br />21. This agreement will have no effect on any cases or parties not specifically <br />mentioned herein. 'Nothing in this agreement shall be construed to make any other <br />person or entity not executing this agreement a third party beneficiary to this <br />agreement. <br />22. All parties agree that they will bear their own costs and attorney's fees and no <br />party will seek attorney's fees and costs from any other party to this agreement, except <br />to the extent allowed in a lawsuit as described in paragraph 8 above. Notwithstanding <br />the above, CCC does not waive its rights to seek attorney's fees and costs from the <br />United States of America or its agencies. <br />23, This agreement shall terminate under the terms of paragraphs 6, T, 8, 9, and 10, <br />or once the USFWS has issued a section 10 ("incidental take") permit to the County, <br />except that after USFWS has issued such permit to the County, DEP shall still be <br />required to comply with paragraph 16. <br />24. This agreement will be effective as of the date first executed below. <br />25. The REP shall raise no objection in the application process for a Section 10 <br />permit to the request by the County to be granted mitigation credit for past purchases of <br />beach land in the county. <br />26. The HCP shall cover all the beach land in Indian River County, regardless of the <br />ownership. <br />EXCCUTED on this day of r /ti, 1999. <br />10 <br />