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i 40 11 Reimbursement: The COUNTY shall provide immediate reimbursement to the DEVELOPER based on an itemized invoice of professional services and installed materials on a percentage complete basis (less 10% retainage) monthly, with final payment and release of retainage at the titre the above referenced facilities are dedicated to and accepted by the COUNTY. The COUNTY shall reimburse the DEVELOPER for all actual costs incurred by the DEVELOPER to fulfill this agreement. Unless otherwise agreed upon by [lie DEVELOPER and the COUNTY, said Costs shall not exceed $2.1MAO, SC -2. Amndment: This agreement may be modified only by a written instrument executed by all parties to the agreement. SC -3. Assignability; Either party may assign this Agreement, however, the rights granted herein shall run with the land and are not considered the personal property of the DEVELOPER. Therefore, while the DEVELOPER has the right under this Agreement to freely transfer the rights and obligations granted by this Agreement, the assignee shall not have the right to transfer these rights to another property unless this Agreement is amended in writing by the assignee and the COUNTY to provide otherwise. SC -4. Authority Each party hereto represents and warrants to the other that the execution of this agreemet , and any other documents required or necessary to be executed pursuant to the provisions hereof are valid, binding obligations and are enforceable in accordance with their terms. SC - 5. Bidding and Award : The Indian River County Department of Utility Services shall review and approve bid proposals and engineering costs related with the Work described herein. At least three (3) bid estimates from qualified utility contractors must be submitted to the Department of Utility Services for review. Approval of project costs will be a condition of the Utility Department's reimbursement for construction. Furthermore, no work shall commence until the Utility Department provides written approval of the final construction cost. The County may require redesign and 1 or re -bid if project costs significantly exceed that contained in Exhibit B. SC - 6. Captions: Captions, if included, in this Agreement are included for convenience only and are not to be considered in any construction or interpretation of this Agreement or any of its provisions. SC - 7. C+anstruction Plans, Tcchnical Specifications and ContL ct Documents The DEVELOPER agrees to complete a final set of construction drawings and make submission for a Utilities Construction Permit to the Indian River County Utilities Department and Florida Department of Environmental Protection (FDEP). Prior to construction, all permits must be approved. SC - 8. Definition All pronouns shall be deemed to refer to the masculine, feminine, or neuter, singular or plural, as the identity of the party or parties may require. C:lIX1CUM@-I%UmU)C'A1S-IITemp1ACl nevclatxrs Agrraiwol.dw I°ast 2or2