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4/5/00(PWD)jwd /rt(tob)dcv. <br />9. Attorneys Fees. In the even it becomes necessary for either party hereto to <br />file suit to enforce this Agreement or any provision contained herein, the party prevailing <br />in such suit shall be entitled to recover, in addition to all other remedies or damages, as <br />provided herein, reasonable attorneys' fees, paralegal fees and cost incurred in such suit <br />at trial, appellate, bankruptcy and/or administrative proceedings. <br />10. *Multiple Counterparts. This Agreement may be executed in a number of <br />identical counterparts which, taken together, shall constitute collectively one (1) <br />Agreement; but in making proof of this Agreement, it shall not be necessary to produce <br />or account for more than one such counterpart executed by the party to be charged. <br />11. Date of this Agreement. This Agreement shall not be effective unless signed <br />by both DEVELOPER and COUNTY. As used in this Agreement, the terms "date of this <br />Agreement" or "date hereof' shall mean and refer to the date of execution of the last of <br />DEVELOPER or COUNTY to execute this Agreement. <br />12. Exhibits. The following exhibits are attached to this Agreement and are <br />incorporated into this Agreement and made a part here. <br />13. AuthoriM Each party hereto represents and warrants to the other that the <br />execution of this agreement and any other documents required or necessary to be <br />executed pursuant to the provisions hereof are valid, binding obligations and are <br />enforceable in accordance with their terms. <br />14. Conditions Precedent. The obligations of both parties to this Agreement are <br />expressly conditioned upon the DEVELOPER'S decision, at DEVELOPER'S sole <br />discretion, to proceed with the Development. <br />IN WITNESS WHEREOF, the parties have set their hands and seals the day and <br />year first above written. <br />Signed, sealed and delivered <br />Int c f. <br />By <br />(!IlW'Y-,J- L' <br />INC. <br />Y'e`t/i �f�fSiUS'� <br />INDIAN RIVER COUNTY, FLORIDA <br />BOARD OF COUNTY COMMISSION64 <br />Fran B. Adams, Chairman <br />Indian River County <br />Approved Dale <br />Administration <br />751T, <br />Budget <br />4 w <br />Legal <br />y, 5 <br />Risk Management <br />Public Works <br />