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and the consummation of the transaction provided for herein . The covenants , agreements and <br /> undertakings of each of the parties hereto are made solely for the benefit of, and may be relied <br /> on only by the other party hereto , its successors and assigns , and are not made for the benefit <br /> of, nor may they be relied upon , by any other person whatsoever. <br /> 8 . 7 Attorney' s Fees and Costs . In any claim or controversy arising out of or relating to this <br /> Agreement , each party shall bear its own attorney' s fees , costs , and expenses . <br /> 8 . 8 . Counterparts . This Agreement maybe executed in two or more counterparts , each one of <br /> which shall constitute an original . <br /> 8 . 9 . County Approval Required : This Agreement is subject to approval by the Indian River <br /> County as set forth in paragraph 2 . <br /> 8 . 10 Beneficial Interest Disclosure : In the event Seller is a partnership , limited partnership , <br /> corporation , trust, or any form of representative capacity whatsoever for others , Seller shall <br /> provide a fully completed , executed , and sworn beneficial interest disclosure statement in the <br /> form attached to this Agreement as an exhibit that complies with all of the provisions of Florida <br /> Statutes Section 286 . 23 prior to approval of this Agreement by the County. However, pursuant <br /> to Florida Statutes Section 286 . 23 (3 )(a ) , the beneficial interest in any entity registered with the <br /> Federal Securities and Exchange Commission , or registered pursuant to Chapter 517 , Florida <br /> Statutes , whose interest is for sale to the general public, is exempt from disclosure ; and where <br /> the Seller is a non-public entity, that Seller is not required to disclose persons or entities holding <br /> less than five (5 % ) percent of the beneficial interest in Seller. <br /> IN WITNESS WHEREOF , the undersigned have executed this Agreement as of the date <br /> first set forth above . <br /> SELLER : INDIAN RIVER COUNTY , FLORIDA <br /> BOARD OF COUNTY COMMISSIONERS <br /> Name : LO D e Me <br /> Fl <br /> By: <br /> and L . M sby, Partne Chairman <br /> --� Thomas S . her <br /> Date Signed : DatexSigaad : 02 - 01 - 2005 <br /> Approved : <br /> Approved: MEST4 . K. Barto er <br /> By 1� 6 A 2roq- wee"Ooc <br /> Cchnfy Administrator ' <br /> Deputy Clerk <br /> Ap roved fopn and legal sufficiency: <br /> Date Signed : <br /> y <br /> oun ty Att5 <br /> 5/20/2004F :\Engineering\RonC\Word Docs\equus AGREEMENT (UPGRADED FORM).doc <br />