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40 <br /> 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 may be 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 provide a <br /> fully completed, executed, and sworn beneficial interest disclosure statement in the form attached to <br /> this Agreement as an exhibit that complies with all of the provisions of Florida Statutes Section <br /> 286 . 23 prior to approval of this Agreement by the County. However, pursuant to Florida Statutes <br /> Section 286 . 23 (3 )(a) , the beneficial interest in any entity registered with the Federal Securities and <br /> Exchange Commission, or registered pursuant to Chapter 517, Florida Statutes, whose interest is for <br /> sale to the general public , is exempt from disclosure ; and where the Seller is a non-public entity, that <br /> Seller is not required to disclose persons or entities holding less than five (5 %) percent of the <br /> beneficial interest in Seller. <br /> IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the date first <br /> set forth above . <br /> AMERITREND COMMERCE C TER INDIAN RIV COUNTY, FLORIDA <br /> LLC BOARD COUNTY O SIONERS <br /> By By: <br /> ames Adams , Manager Member Kenneth R. Macht, Chairman <br /> D t igned : Date Signed : <br /> 2003 <br /> Attest : J. K. Barton, Clerk <br /> Indian River County Approved Date <br /> Administration CAI 6 -P <br /> By: <br /> Budget Deputy Clerk <br /> Co . Attorney <br /> Risk Management /� <br /> Department It o By: L ;4 <br /> Division T" !Z 3 b3 William M . Napier, SRPA, SRA, <br /> County Right-of-Way Agent <br /> pq� $ � fiD2ndAV. 1Date Signed :_ i'a alo2aoi <br /> �4 S Q��1P �FY1 - 18 -03 (/^• <br /> enrstrat�zsunty & eritren 4 APPROVEDAG FORM <br /> AR <br /> AL SUFFICIE <br /> r <br /> IAN <br /> NASSISTANT COU ;ATRNEY <br />