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t Indian River County: Indian River County Public Works Department Attn: Mr. James Gray, Jr. 1840 25th Street Vero Beach, Florida 32960 Baytree Condominium Association Inc Attn: Mrs. Gayle LeGore 8384 Calamandren Way Vero Beach, Florida 32963 Marbrisa Homeowners Association Inc., Attn: Mr. Lee Cockey 540 North Monterey Drive Vero Beach, Florida 32963 9. The validity, interpretation, construction, and effect of this Agreement shall be in accordance with and governed by the laws of the State of Florida, only. The location for settlement of any and all claims, controversies, or disputes, arising out of or relating to any part of this Agreement, or any breach hereof, as well as any litigation between the parties, shall be Indian River County, Florida for claims brought in state court, and the Southern District of Florida for those claims justiciable in federal court. 10. This Agreement incorporates and includes all prior and contemporaneous negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this Agreement that are not contained herein. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. It is further agreed that no modification, amendment or alteration in the terms and conditions contained herein shall be effective unless contained in a written document signed by all parties. 11. If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be held invalid or unenforceable for the remainder of this Agreement, then the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be affected, and every other term and provision of this Agreement shall be deemed valid and enforceable to the extent permitted by law. 12. Captions 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. Unless the context indicates otherwise, words importing the singular number include the plural number, and vice versa. Words of any gender include the correlative words of the other genders, unless the sense indicates otherwise. 13. The parties acknowledge and agree that the DEP Grant is limited to five (5) years from December 10, 2002 (" DEP Grant Period"), with certain reimbursables beginning on or after February 22, 2001. Baytree and Marbrisa each acknowledge and agree that the obligations of the County under this Agreement are subject to the availability of funds lawfully 3