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To the extent the lodgers elect to obtain reimbursetuent for the costs of any repair or replacement from the Capital Deserve Account rather than with funds provided by the Dodgers, the County agrees to approve such Requisition so long as (i) the payee thereunder is a third patty provider of goods or service, and (ii) the repair or replacement constitutes a capital expenditure, and the County shall consider approval of any other Requisition for the cost of a repair or replacement, each upon delivery of the back-up material required to be submitted with all Requisitions for costs of a repair or replacement. S. AssjWn►ent. The patties lie reto acknowledge that no party may assign its rights hereunder without the prior written consent of the other parties hereto, and that, upon such assignment, the assigning party's assignee will succeed to all of the assigning party's rights under this Capital Reserve Account Agreement. 6. cgs of " pital Reserve Account Avent. In consideration of its services as Capital Reserve Account Agent hereunder, tate Capital Reserve Account Agent shall be entitled to fees and expenses agreed upon by the C'anital Reserve Account Agent, (11S County and the Dodgers, as set forth in Exhibit D hereto, and tate fees -<rtd-e7rpc� of the Capital Reserve Account Agent will be paid from funds on deposit in the Capital Reserve Account in accordance with such fee schedule. If for any reason funds in the Capital Reserve Account are insuf#i ient to cover such SoLonensation and reimhursernent, the Rodgers shall nrornntly pay such a-rnrougts to the Canital Reserve Account _AggjiLunan reccint of ai itemized invoice. — 7. 1 literpleader in case any dispute shall arise between or among the County and the [lodgers as to the disposition of funds deposited under this Capital Reserve Account Agreement, the Capital Deserve Account Agent shall have the right, hitt shall not t1e nliligatcd, to bring all action in a court of competentgurisdiction located in Indian River County, Florida, to interplead the parties hereto and anyother persons to resolve such dispute. Any costs orexpenses incurred in connection with any such action t not 11mite(lany exLlgnses and reaspriahly attorneyfees. 1 i h Capital Reserve Account Agent, shall be paid by the unsuccessful party in the dispute. (a) This. Capital Re crve Account Agreement shall be: construed in accordance with, and governed by the laws of, the State of Florida. (b) The Capital Reserve Account Agent, as a part of the consideration for the acceptance of this Capital Reserve Account Agreement, shall not be liable for any acts or omissions done in good faith, nor for any claims, demands or losses, nor for any damages made or suffered by any party to this Capital Reserve Account Agreement, excepting such as may arise through or be caused by its willful misconduct or gross negligence._ Any obligations of Oe Countv,gild/or tile IlodgeU under this Cat ital RUSH Account Ag gement t4 tate Gaolta14teceryc Account Ag nt sliali survive giv termination of this Account ir. i n th , r , i gnatia n or - MYLQ�t;aLqf Q,Pital Hume Account