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5 . 0 . MISCELLANEOUS PROVISIONS 5 . 1 TERM . The term of this Agreement is ten ( 10) years ("Term") . This Agreement shall be renewed automatically for successive terms at the expiration of any preceding Term , unless any party notifies the other of cancellation by written notice not less than 180 consecutive calendar days in advance of the expiration date of the preceding Term . The Term of this Agreement shall run concurrently with the COUNTY's Regional Wastewater Treatment Facility FDEP Operating Permit serving the area . 5 . 2 . MERGER : MODIFICATION . This Agreement incorporates and includes all prior and contemporaneous negotiations , correspondence , conversations , agreements or understandings applicable to the matters contained herein and the parties agree that there are no commitments , agreements , or understandings of any nature whatsoever concerning the subject matter hereof that are not contained in this document . Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior or contemporaneous representations or agreements , whether oral or written . No alteration , change , or modification of the terms of this Agreement shall be valid unless made in writing and signed by the Developer and the County. 5 . 3. GOVERNING LAW: VENUE . This Agreement shall be construed according to the laws of the State of Florida . Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Agreement shall be in Indian River County, Florida , or, in the event of federal jurisdiction , in the United States District Court for the Southern District of Florida . 5 . 4 ASSIGNABILITY. Either party may assign this Agreement , however, the rights granted herein shall run with the land and are not considered the personal property of the DEVELOPER. Therefore , while the DEVELOPER 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 use the reclaimed water anywhere but on the Property and to irrigate any landscaping within any public right of way adjacent to the Property required to be maintained by the DEVELOPER or DEVELOPER'S assignee , unless this Agreement is amended in writing by the assignee and the COUNTY to provide otherwise . 5 . 5 . 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 . 6. CONSTRUCTION . 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 . All of the parties to this Agreement have participated freely in the negotiation and preparation hereof, accordingly, this Agreement shall not be more strictly construed against any one of the parties hereto. 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 . 5 . 7 . MULTIPLE COUNTERPARTS . This Agreement may be executed in any number of identical counterparts , each of which shall be deemed to be an original copy and all of which shall constitute but one and the same instrument . 5