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40 2. The FCT Recipient and FCT agree that the State of Florida Department of Environmental Protection will forward this Agreement to Department of Environmental Protection Bond Counsel for review. In the event Bond Counsel opines that an amendment is required to this Agreement so that the tax exempt status of the Preservation 2000 Revenue Bonds is not jeopardized, FCT and FCT Recipient shall amend the Agreement accordingly, 3. This Agreement may be amended at any time. Any amendment must be set forth in a written instrument and agreed to by both the FCT Recipient and FCT. 4. This Agreement and the covenants and restrictions contained herein shall run with the Property herein described and shall bind, and the benefits shall inure to, respectively, the FCT and the FCT Recipient and their respective successors and assigns. 5. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, with respect to both substantive rights and with respect to procedures and remedies. 6. Any notice required to be given hereunder shall be given by personal delivery, by registered mail or by registered expedited service at the addresses specified below or at such other addresses as may be specified in writing by the parties hereto, and any such notice shall be deemed received on the date of delivery if by personal delivery or expedited delivery service, or upon actual receipt if sent by registered mail. FCT: Florida Communities Trust Department of Community Affairs 2555 Shumard Oak Blve. Tallahassee, FI, 32399-2100 ATTN: Executive Director FCT Rprinipnt, Indian River County IB40 25tti Street ---- ern —Beach, _FL 312960 ATTN: County Administrator 7. If any provision of the Agreement shall be invalid, illegal or unenforceable, thevalidir-y, legality and enforceability of the remaining provisions shall not, in any way be affected or impaired, -A\ 98-057 -PBA August 30, 1959