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8 . 2 Condemnation . In the event that all or any part of the Property shall be acquired or <br /> condemned for any public or quasi- public use or purpose , or if any acquisition or condemnation <br /> proceedings shall be threatened or begun prior to the Closing of this transaction , County shall <br /> have the option to either terminate this Agreement, and the obligations of all parties hereunder <br /> shall cease , or to proceed , subject to all other terms , covenants ,. conditions , representations and <br /> warranties of this Agreement, to the Closing of the transaction contemplated hereby and receive <br /> title to the Property; receiving , however, any and all damages , awards or other compensation <br /> arising from or attributable to such acquisition or condemnation proceedings . County shall have <br /> the right to participate in any such proceedings . <br /> 8 . 3 Entire Agreement This Agreement constitutes the entire agreement between the parties <br /> with respect to this transaction and supersedes all prior agreements , written or oral , between the <br /> Seller and the County relating to the subject matter hereof. Any modification or amendment to <br /> this Agreement shall be effective only if in writing and executed by each of the parties . <br /> 8 . 4 Assignment and Binding Effect Neither County nor Seller may assign its rights and <br /> obligations under this Agreement without the prior written consent of the other party. The terms <br /> hereof shall be binding upon and shall inure to the benefit of the parties hereto and their <br /> successors and . assigns . <br /> 8 . 5 Notices . Any notice shall be deemed duly served if personally served or if mailed by <br /> certified mail , return receipt requested , or if sent via "overnight" courier service or facsimile <br /> transmission , as follows : <br /> If to Seller: Seller: Randy L . Mosby, P . E . <br /> Address : 3300 43`d Avenue , Suite 4 and 5 <br /> City, State , Zip : Vero Beach , Florida 32960 <br /> Facsimile # (772 ) 778-3617 <br /> With copies to : Barry G . Segal , Esquire <br /> 2801 Ocean Drive , Suite 204 <br /> Vero Beach , Florida 32963 <br /> If to County: Indian River County <br /> 1840 25th Street, Vero Beach , FL 32960 <br /> Attn : Ron Callahan <br /> Facsimile # (772 ) 778=9391 <br /> Either party may change the information above by giving written notice of such change as <br /> provided in this paragraph . <br /> 8 . 6 Survival and Benefit. Except as otherwise expressly provided herein , each agreement , <br /> representation or warranty made in this Agreement by or on behalf of either party, or in any <br /> instruments delivered pursuant hereto or in connection herewith , shall survive the Closing Date <br /> 4 <br /> 5/20/2004F:\Engineering\RonC\Word Docs\equus AGREEMENT (UPGRADED FORM).doc <br />