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(a) Any funds from the Five Hundred Seventy Thousand and No/100 Dollars ($570,000.00) deposited into the Capital Reserve Account for the project described in Section 8.05(a)(18) of the Agreement shall also be eligible for full reimbursement from the County for any plumbing infrastructure improvements in connection with the hotel rooms and/or another location as mutually agreed by the parties (the "Plumbing Improvements"). For the avoidance of doubt, any portion of the Second Amendment Fund Amount not utilized for the project described in Section 8.05(a)(18) of the Agreement shall not be required to be returned to the County so long as such portion is utilized for the Plumbing Improvements. (b) Pursuant to Section 8.01 of the Agreement and notwithstanding anything to the contrary contained in the Agreement, the County hereby approves the Five Hundred Seventy Thousand and No/100 Dollars ($570,000.00) referenced in Section 2(a) of this Third Amendment to also be used by Verotown to perform the Plumbing Improvements in accordance with the terms of this Third Amendment and such amount shall not be subject to any restriction outlined in Section 8.02 of the Agreement. Notwithstanding Section 8.01 of the Agreement, Verotown is not required to obtain County's approval in connection with the Plumbing Improvements or Verotown's performance of any work associated therewith (including, without limitation, any plans, drawings, selected materials or design features); provided, however, that Verotown is required to obtain all necessary site plan approvals and building department permits as required by law. The provisions of Section 8.03 shall apply to disbursement of the Five Hundred Seventy Thousand and No/100 Dollars ($570,000.00) referenced in Section 2(a) of this Third Amendment. 3. Bid Process. The County hereby finds that it is in the best interest of the County and its citizens to waive the requirements for bids and a public procurement process pursuant to the process defined by the Indian River County ordinance and hereby contracts with Verotown, as the lessee pursuant to the Agreement, to oversee and manage the Plumbing Improvements. As such, Verotown is hereby authorized to independently determine the selection of any contractors, subcontractors, materialmen and/or agents to perform the Plumbing Improvements. 4. Effect of Third Amendment. Except as specifically amended by this Third Amendment, the Agreement shall remain in full force and effect and as modified hereby, the Agreement is ratified and confirmed in all respects. If any of the provisions of this Third Amendment, or the application thereof to any person or circumstance, shall, to any extent, be invalid or unenforceable, the remainder of this Third Amendment or the circumstances other than those as to whom or which it is held invalid or unenforceable shall not be affected thereby, and every provision of this Third Amendment shall be valid and enforceable to the fullest extent permitted by law. In the event of any conflict between the terms of this Third Amendment and the terms of the Agreement, this Third Amendment shall control. 5. Counterparts. This Third Amendment may be executed in two or more counterparts, and, when so executed, will have the same force and effect as though all signatures appeared on a single document. Any signature pages of this Third Amendment may be detached from any counterpart without impairing the legal effect of any signature thereon and may be attached to another counterpart identical in form thereto but having attached to it one or 2