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2. Settlement Terms (Non -Monetary). Subject to the terms and conditions of this Agreement, the County, within 90 days from execution of this Agreement, shall install a locked fence West of the Open Space Area consistent with the existing fencing installed at the Conservation Area. Any non -county staff must be escorted if entering the Open Space Area. The County does not have to provide any notice for such entries, however, the Soles may address the issue of violators using any other means available to them under the law. The County agrees to comply with the Open Space Agreement by planting and maintaining native plants (trees, bushes) and grasses that are consistent with the Open Space Agreement. In addition, the Soles agree that this Agreement will not bind future owners, and the Parties agree that this Agreement does not change nor modify any of the terms of the Open Space Agreement nor the Judgment. Upon mutual agreement by Grantee and Grantor of the Open Space Agreement, an alternative method of limiting unfettered public access may be employed. The Soles shall withdraw their Motion for Attorney's Fees and Costs as filed in the Litigation within 5 days of execution of this Agreement. In exchange for the performance of the terms above with regard to the Amended Final Summary Judgment Terms as defined within this Agreement - this shall serve as sufficient consideration for the Agreement. 3. No Admission of Liability. Nothing contained in this Agreement shall be construed to be an admission of fault and/or liability of any Party. The Parties agree that each Party is entering into this Agreement to avoid the expense and uncertainty of litigation. 4. Entire Agreement. This Agreement contains the entire understanding of the Parties with respect to its subject matter and may only be modified or waived by an instrument in writing signed by both Parties. 5. Governing Law. This Agreement, including its interpretation and enforcement, shall be governed only by the laws of the State of Florida and no other laws. 6. Venue/Jurisdiction. The Parties agree that any dispute arising from or relating to this Agreement shall be brought in Indian River County, Florida which retains jurisdiction to hear the matter, with such court serving as the sole and exclusive venue/jurisdiction for all disputes arising from or relating to this Agreement. Parties acknowledge that this paragraph is a mandatory jurisdiction and venue provision. 7. Severable Covenants. If any part of this Agreement is held to be invalid or unenforceable for any reason by a court of competent jurisdiction, the remained of this Agreement shall continue in full force and effect.