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This document prepared by and return to : 9/3/03wcg(PWD)jwd <br /> Indian River County <br /> Public Works Department <br /> 1840 25`h Street <br /> Vero Beach, Fl . 32960 <br /> 8 , This Agreement shall be binding upon and inure to the benefit of the parties hereto and <br /> their successors , and assigns . <br /> 9 . This Agreement contains the entire agreement and understanding between the parties . No <br /> representation, statement, recital , undertaking, or promise not specifically set forth herein <br /> shall be binding on any party hereto . <br /> 10 . This Agreement and all matters arising hereunder shall be governed by and construed in <br /> accordance with the laws of the State of Florida. Venue hereunder shall lie in Indian <br /> River County, Florida. <br /> 11 , This Agreement shall be deemed prepared jointly by each of the parties hereto and shall <br /> be construed on parity as between the parties . There shall be no canon of construction for <br /> or against any party by reason of the physical preparation of this Agreement. <br /> 12 . Whenever the singular number is used in this Agreement and when required by the <br /> context, the same shall include the plural ; and the masculine, feminine, and neuter <br /> genders shall each include the others . <br /> 13 . COUNTY and DEVELOPER shall grant such further assurances and provide such <br /> additional documents as may be required by one another from time to time, and cooperate <br /> fully with one another in order to carry out the terms and conditions hereof and comply <br /> with the express intention of this Agreement. <br /> 14 . Failure to insist upon strict compliance with any of the terms , covenants , or conditions <br /> herein shall not be deemed a waiver of such terms, covenants, or conditions , nor shall any <br /> waiver or relinquishment of any right or power hereunder at any one time or times be <br /> deemed a waiver or relinquishment of such right or power at any other time or times . <br /> 15 . All words, terms, and conditions contained herein are to be read in concert, each with the <br /> other, and a provision contained under one paragraph may be considered to be equally <br /> applicable under another in the interpretation of this Agreement. <br /> 16 . The words herein and hereof and words of similar import, without reference to any <br /> particular section or subdivision of this Agreement, refer to this Agreement as a whole <br /> rather than to any particular section or subdivision hereof. <br /> 17 . In the event any term, condition, or clause of this Agreement is declared to be illegal or <br /> unenforceable by a court of competent jurisdiction, such declaration of illegality or <br /> unenforceability shall not affect or alter the legality or enforceability of any remaining <br /> term, condition, or clause hereof, provided of the parties, as set forth in this Agreement. <br /> CADnenments and Settings\TRamm\Mv Dncnments\wnrdfiles\Flnrida\T 3 IAkes\Fnur Takes-devl dnc <br />