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2009-176
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C . County , upon submittal of appraisal by <br /> Kennedy , will execute IRS Form , acknowledging <br /> receipt of the value of the Easement and property described <br /> in Exhibit 5 and Exhibit 7 , <br /> 4 . In the event of any litigation arising out of this Codicil , both parties shall <br /> bear their own attorneys' fees and costs . <br /> 5 . No amendment, modification , change , or alteration of this Codicil shall be <br /> valid or binding unless accomplished in writing and executed by all of the parties hereto . <br /> 6 . This Codicil shall be binding upon and inure to the benefit of the parties <br /> hereto and their successors and assigns . <br /> 7 . This Codicil contains the entire agreement and understanding between the <br /> parties . No representation , statement, recital , undertaking , or promise not specifically <br /> set forth herein shall be binding on any party hereto . <br /> 8 . This Codicil and all matters arising hereunder shall be governed by and <br /> construed in accordance with the laws of the State of Florida . Venue hereunder shall <br /> be in Indian River County , Florida . <br /> 9 . This Codicil shall be deemed prepared jointly by each of the parties hereto <br /> and shall be construed on parity as between the parties . There shall be no canon of <br /> construction for or against any party by reason of the physical preparation of this <br /> Agreement . <br /> 10 . Whenever the singular number is used in this Codicil and when required <br /> by the context, the same shall include the plural ; and the masculine , feminine , and <br /> neuter genders shall each include the others . <br /> - 6 - <br />
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