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material respects on and as of the date hereof, with the same force and effect as though such representations, warranties, and acknowledgments had been made on and as of the date hereof. d. Purchaser's Indemnities. That the indemnities provided by Purchaser in Sections 5.2 and 17.1 of the Contract remain in full force and effect as of the date hereof. e. RIM Plan on McCuller's Point. Seller shall have the right to implement the mitigation and RIM plan on McCuller's Point as required by St. Johns River Water Management District Permit No. 4-061-18848-2 and contained in Permit Application No. 200206732 to the United States Army Corps of Engineers, or as may be required by those agencies. f. Restriction of Property to Conservation and Passive Recreation Uses. The City, Town and County shall (i) each amend their comprehensive plans in the immediately next available comprehensive plan amendment cycle to restrict the use of the Property to conservation and passive recreation uses only, (ii) provide Seller with copies of such proposed amendments during the appropriate phases of approval as well as copies of the final approved amendments and determinations of compliance, and (iii) within twelve (12) months' of the Closing Date, provide Seller with a copy of the fully executed Florida Communities Trust Grant Award Agreement evidencing the restriction of the Property to conservation and passive recreation uses only. Purchaser hereby acknowledges that Seller has a non-exclusive perpetual private right to enforce such conservation restrictions through injunction or other legal proceedings. g. Triangular Piece of McCuller's Point to be Conveyed by Quit-Claim Deed. Purchaser hereby agrees to accept a Quit-Claim Deed from Seller for any right, title, interest, claim and demand which Seller has in and to the following described parcel: That portion of McCuller's Point lying landward of the Mean High Water Line surrounding McCuller's Point contained in the following described tract: From the Southwest corner of Section 19, Township 32 South, Range 40 East, Indian River County, Florida, run North on the West boundary of Section 19, A distance of 2,830 feet to a point of beginning; from said point of beginning continue North on said Section line a distance of 766.91 feet to a point; thence run South 70 degrees, 30 minutes East a distance of 1,031.23 feet to a point; thence run South 66 degrees, 30 minutes West a distance of 1,060 feet to said point of beginning. h. Jeanne D. Andlinger, et al. v. Lost Tree Village Corporation, Indian River County Circuit Court Case No. 20010420 CA 09 ("Andlinger lawsuit"). With regard to the Andlinger lawsuit, pursuant to the terms of the Contract, Purchaser will either (i) provide the required releases, dismissals and/or waivers of any claims against Seller (hereinafter collectively referred to as "Release") on or before Closing, or(ii) close on the Property subject to said lawsuit and fully release Seller from any and all potential liability with regard thereto. In the event Purchaser does not provide Seller the Release required herein on or before Closing, Purchaser hereby agrees to fully release and indemnify (to the extent permitted by Florida law), defend (if requested by Seller) and hold Seller harmless from and against any and all damages, losses, claims, liabilities, deficiencies and obligations of every kind, nature and description 2