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solely for the benefit of, and may be relied on only by the other party hereto, its successors <br />and assigns, and are not made for the benefit of, nor may they be relied upon, by any other <br />person whatsoever. <br />8.6 Attorney's Fees and Costs. In any claim or controversy arising out of or relating to <br />this Agreement, each party shall bear its own attorney's fees, costs, and expenses. <br />8.7. Counterparts. This Agreement may be executed in two or more counterparts, each <br />one of which shall constitute an original. <br />8.8. County Approval Required. This Agreement is subject to approval by the Indian <br />River County Board of County Commissioners as set forth in paragraph 2. <br />8.9 Affordable Housing Requirement. HFH (or successor developer) may not use the <br />property for any purpose other than for the construction of affordable housing for <br />homebuyers who meet the requirements of HFH's homeownership program. The <br />restriction shall only apply to the first sale by of each lot by HFH or successor developer. <br />This provision shall survive closing. <br />8.10 American Recovery Plan Act (ARPA) Funds. The County is currently holding <br />$500,000 (five hundred thousand dollars) in ARPA funds earmarked for assistance in <br />construction of this project. Within a reasonable time after closing, HFH shall comply with <br />the Indian River County American Rescue Plan Agreement attached to this Agreement as <br />Exhibit "B" and incorporated by reference herein. Upon receipt of qualifying invoices from <br />HFH, the County will reimburse HFH in accordance with the ARPA as described in the <br />attached U.S. Department of the Treasury Coronavirus Local Fiscal Recovery Fund Award <br />Terms and Conditions. HFH acknowledges that completion of the project must occur <br />before December 31, 2026 to satisfy ARPA funding requirements. HFH shall follow all <br />ARPA requirements in the expenditure of the ARPA funds. This paragraph shall survive <br />closing of the transaction. <br />SIGNATURE PAGE TO FOLLOW <br />-s- <br />