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D. This Agreement contains the entire agreement and understanding between <br />the parties. No representation, statement, recital, undertaking, or promise <br />not specifically set forth herein shall be binding on any parties hereto. This <br />Agreement shall not be effective unless signed by the Developer and the <br />County. <br />E. The obligations of the Developer to this Agreement are expressly <br />conditioned upon the Developer's decision, at the Developer's sole <br />discretion, to proceed with the development of Mandala Village. <br />F. No Building Permit, Certificate of Completion, or Certificate of Occupancy <br />shall be withheld or delayed by the County for Mandala Village or any <br />portion thereof, nor shall the County delay or withhold any other required <br />permits, provided that the Developer is in compliance with this Agreement, <br />all applicable laws and regulations. <br />G. Except for the right-of-way dedications, roadway and stormwater <br />improvements as described herein the County shall not require the <br />Developer to construct, contribute to, or share in the costs of any off-site <br />traffic improvements other than the payment of traffic impact fees as <br />reduced by the traffic impact fee credits per the terms of this Agreement. <br />H. This Agreement and all matters arising hereunder shall be governed by and <br />construed in accordance with the laws of the State of Florida. Venue <br />hereunder shall lie in Indian River County, Florida. Time shall be of the <br />essence. <br />I. This Agreement shall be deemed prepared jointly by each of the parties <br />hereto and shall be construed on parity as between the parties. There shall <br />be no canon of construction for or against any party by reason of the <br />physical preparation of this Agreement. <br />J. Whenever the singular number is used in this Agreement and when required <br />by the context, the same shall include the plural; and the masculine, <br />feminine, and neuter genders shall each include the others. <br />K. The County and the Developer shall grant such further assurances and <br />provide such additional documents as may be reasonably required by one <br />another from time to time and cooperate fully with one another in order to <br />carry out the terms and conditions hereof and comply with the express <br />intention of this Agreement. <br />L. Failure to insist upon strict compliance with any of the terms, covenants, or <br />conditions herein shall not be deemed a waiver of such terms, covenants, or <br />Mandala Village DA 9-8-22 <br />4of7 <br />