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9 . Amendment . Only a written instrument executed by both parties to be bound thereby <br /> may amend this Agreement . <br /> 10 . Governing Law. This Agreement shall be governed by the laws of the State of Florida <br /> and the laws of the United States pertaining to transactions in such State . All of the Parties to this <br /> agreement have participated freely in the negotiation and preparation hereof, accordingly, this <br /> Agreement shall not be more strictly construed against any one of the parties hereto . Venue hereunder <br /> shall lie in Indian River County, Florida . <br /> ll . Successors and Assigns : Assignment. This Agreement shall bind and inure to the <br /> benefit of the parties and their respective successors and assigns . DEVELOPER may assign <br /> DEVELOPER' S rights and obligations under this Agreement to an affiliated or associated legal entity <br /> in conjunction with development of the planned residential development. <br /> 12 . Invalid Provision . If any provision of this Agreement is held to be illegal , invalid or <br /> unenforceable under present or future laws, such provision shall be fully severable ; this Agreement <br /> shall be construed and enforced as if such illegal , invalid or unenforceable provision had never <br /> comprised a part of this Agreement, and the remaining provisions of this Agreement shall remain in <br /> full force and effect and shall not be affected by such illegal , invalid, or unenforceable provision or by <br /> its severance from this Agreement. <br /> 13 . Attorney 's Fees . In the even it becomes necessary for either party hereto to file suit to <br /> enforce this Agreement or any provision contained herein, the party prevailing in such suit shall be <br /> entitled to recover, in addition to all other remedies or damages, as provided herein, reasonable <br /> attorneys' fees, paralegal fees and cost incurred in such suit at trial , appellate, bankruptcy <br />and/or <br /> administrative proceedings . <br /> 14 . Multiple Counterparts . This Agreement may be executed in a number of identical <br /> counterparts which, taken together, shall constitute collectively one ( 1 ) Agreement; but in making <br /> CADocuments and Settings\Ginny Hazlett\Local Settings\Temporary Internet Fi1es\0LK9\Wa1greens.doc 4 <br />