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15 . Multiple Counterparts : <br /> This Agreement may be executed in a number of identical counterparts which , taken together, <br /> shall constitute collectively one ( 1 ) Agreement; but in making proof of this Agreement, it shall <br /> not be necessary to produce or account for more than one such counterpart executed by the <br /> party to be charged . <br /> 16 . Permits : <br /> The DEVELOPER shall be responsible for obtaining all construction and operating permits <br /> required for the construction , delivery, use and monitoring of the water distributed to and <br /> wastewater collected from the subject property . If, through no fault of the parties involved , any <br /> federal , state or local government or agency ( excluding the COUNTY) fails to issue necessary <br /> permits, or fails to grant necessary approvals, or requires a material change in the system, then <br /> to the extent necessary and if possible, the parties agree to negotiate an amendment to the <br /> Agreement to reflect the change in condition . If the COUNTY determines that it is impossible or <br /> impracticable to perform under the terms of this Agreement because of the above, then this <br /> Agreement shall terminate and the parties shall have no further obligations to each other. <br /> The DEVELOPER shall comply with reasonable request by the COUNTY concerning on - site <br /> operations and maintenance including but not limited to all FDEP regulations relating to <br /> bacteriological and hydrostatic testing , cross connection control , monitoring , color- coding of <br /> water and wastewater equipment . <br /> 17 . Recording of Agreement : <br /> This Agreement may be recorded in the official records of Indian River County by the COUNTY. <br /> If recorded , the obligations defined in this Agreement shall run with the land and shall bind <br /> subsequent owners of the property for the term of this Agreement. The DEVELOPER shall pay <br /> for all recording cost . <br /> 18 . Severability / Invalid Provision : <br /> If any provision of the Agreement is held to be illegal , invalid or unenforceable under present or <br /> future laws, such provision shall be fully severable ; this Agreement shall be construed and <br /> enforced as if such illegal , invalid or unenforceable provision had never comprised a part of this <br /> Agreement, and the remaining provisions of this Agreement shall remain in full force and effect <br /> and shall not be affected by such illegal , invalid , or unenforceable provision or by its severance <br /> from this Agreement . <br /> 19 . Term : <br /> The term of this Agreement is five ( 5 ) years. Unless otherwise agreed to by the parties in <br /> writing , this Agreement shall not be renewed automatically for successive terms . <br /> Notwithstanding the foregoing , this Agreement shall be coterminous with FDEP Permit for <br /> construction and with the County's Utility Construction Permit, whichever provides a shorter <br /> time period , but shall be not more than five ( 5 ) years from the date of issuance . The County <br /> may terminate this Agreement early in its sole discretion if it determines that the development <br /> project intended to be served by the improvements is suspended or discontinued . <br /> 20 . Time of Essence : <br /> Time is of the essence of this Agreement; however, if the final date of any period which is set <br /> out in any provision of this Agreement falls on a Saturday, Sunday or legal holiday under the <br /> laws of the State of Florida , then , in such event, the time of such period shall be extended to <br /> the next day which is not a Saturday, Sunday or legal holiday . <br /> 5 - <br /> revised 08 . 03 . 07 <br />