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• C1 • VIII. Miscellaneous. A. This Agreement may not be changed, modified, or terminated, except by written instruction executed by a duly authorized officer of each of the parties hereto. B. No waiver of either party hereto of any failure or refusal to comply with its obligation shall be deemed a waiver of any other or subsequent failure or refusal to so comply. C. If any term or provisions of this Agreement or the application therefor to any person or circumstances shall, to any extent, be invalid or unenforceable, the remainder of this Agreement or the application of such term or provision to persons or circumstances other than those to which it is held invalid or unenforceable shall not be affected thereby, and each term and provision of this Agreement shall be valid and enforced to the fullest extent permitted by law. D. The laws of the State of Florida and applicable laws of the United States of America shall govern this Agreement. Venue of any action in connection herewith shall be in Indian River County, Florida. The prevailing party shall be entitled to attorney's fees and costs. E. This Agreement shall not be construed against the party who dratted the Agreement. Both parties have sought the necessary legal opinions as to the legal adequacy of the Agreement. F. This Agreement contains all of the terms agreed upon between the parties with respect to the subject matter hereof. IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed on the date set forth above. CODY & ASSOCIATES, INC. N. E: Pellegrino nior Partner County Attorney Approved as to Form and Legal Sufficiency Ja es E. Chandler ounty Administrator -3- INDIAN RIVER COUNTY, FLORIDA Fran B. Adams, Chairman Approved by BCC 4 / 4 10 0 Attest: Jeffrey K. Barton, Clerk f Circuit Court Deputy Cl rk