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This document prepared by and return to: 10/1/03wcg(PWD)jwd Indian River County Public Works Department 1840 25`b Street Vero Beach, Fl. 32960 10 . Whenever the singular number is used in this Agreement and when required by the context, the same shall include the plural; and the masculine, feminine, and neuter genders shall each include the others . 11 . COUNTY and DEVELOPER shall grant such further assurances and provide such additional documents as may be required by one another from time to time, and cooperate fully with one another in order to carry out the terms and conditions hereof and comply with the express intention of this Agreement . 12 . Failure to insist upon strict compliance with any of the terms, covenants, or conditions herein shall not be deemed a waiver of such terms, covenants, or conditions, nor shall any waiver or relinquishment of any right or power hereunder at any one time or times be deemed a waiver or relinquishment of such right or power at any other time or times. 13 . All words, terms, and conditions contained herein are to be read in concert , each with the other, and a provision contained under one paragraph may be considered to be equally applicable under another in the interpretation of this Agreement . 14 . The words herein and hereof and words of similar import, without reference to any particular section or subdivision of this Agreement, refer to this Agreement as a whole rather than to any particular section or subdivision hereof. 15 . In the event any term, condition, or clause of this Agreement is declared to be illegal or unenforceable by a court of competent jurisdiction, such declaration of illegality or unenforceability shall not affect or alter the legality or enforceability of any remaining term, condition, or clause hereof, provided of the parties, as set forth in this Agreement . 16 , INSURANCE AND INDEMNIFICATION During the performance of any construction of stormwater pipes in COUNTY right-of-way covered by this Agreement, the DEVELOPER shall provide the COUNTY with evidence that the DEVELOPER' s Contractor has obtained and maintains the insurance listed in the Agreement . A. DEVELOPER' s Contractor shall procure and maintain for the duration of all construction contracts, insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the DEVELOPER, his agents, representatives, employees or sub-contractors.