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(Reference Exhibits B & Q . 2 . Amendment : This Agreement may be modified only by a written instrument executed by all parties to the Agreement . 3 . Assignability : Either party may assign this Agreement. However, the rights granted herein shall run with the land and are not the personal property of the SDIRC . Therefore, while the SDIRC has the right under this Agreement to freely transfer the rights and obligations granted by this Agreement, the assignee shall not have the right to transfer these rights to another property unless this Agreement is amended in writing by the assignee and the COUNTY. 4 . Authority : Each party hereto represents and warrants to the other that the execution of this Agreement and any other documents required or necessary to be executed pursuant to the provisions hereof are valid, binding obligations and are enforceable in accordance with their terms . 5 . Bidding and Award : The SDIRC ' s Construction Manager ( Proctor Construction Company) has accepted bids for all off- site utilities to be constructed under this Agreement, and has contracted the work with the winning bidder ( Danella Construction Corp ) . 6 . Captions : Captions , if included, in this Agreement are included for convenience only and are not to be considered in any construction or interpretation of this Agreement or any of its provisions . 7 . Construction Plans, Technical Specifications and Contract Documents : The SDIRC has completed final construction drawings and has obtained a Utilities Construction Permit from the Indian River County Utilities Department and Florida Department of Environmental Protection (FDEP) . 8 . Definition All pronouns shall be deemed to refer to the masculine, feminine , or neuter, singular or plural , as the identity of the party or parties may require . 9 . SDIRC ' s Obligations : The design, permitting, construction, operation and maintenance of all on-site water and wastewater utilities which is on or solely dedicated to the SDIRC ' s property (including but not limited to water meter, transmission lines, pumps, valves, storage facilities, etc . ) shall be the SDIRC ' s responsibility and expense . Construction of on-site water and wastewater utilities have been reviewed and approved by the COUNTY. The SDIRC shall be deemed in possession of the potable water on the SDIRC ' s side of the water meter, however the SDIRC shall not be deemed to own the water and the transfer or sale of water by the SDIRC is prohibited . The SDIRC may not transfer or sell water or wastewater capacity to any party for use off-site of the property. 10 . Easements : The SDIRC shall convey to the COUNTY a utility easement for the water and wastewater utilities for the COUNTY to install , maintain, operate and monitor the water and wastewater utilities , within the private right-of-way including, but not limited to , water lines , services , laterals, manholes, meters, lift station, sewer, remote monitoring and related utility structures . Page 2 of 9