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7. Each of Baytree and Marbrisa acknowledge and agree to require their coastal <br />engineering firm; a) sign the completion certificate that is required for final acceptance of the <br />Dune Project in a timely manner; b) promptly transmit the completed certificate of final <br />completion to the County's Project Manager; .and c) approve any and all contractor invoices <br />as required in connection with the Dune Project and promptly transmit the approved <br />contractor invoices to the County's Project Manager. <br />8. Any notice, request, demand, consent, approval or other communication required <br />or permitted by this Agreement shall be given or made in writing and shall be served, as <br />elected by -the party giving such notice, by any of the following methods: (1) Hand delivery to <br />the other party; or (2) Delivery by commercial overnight courier service; or (3) Mailed by <br />registered or certified mail (postage prepaid), return receipt requested at the addresses of the <br />parties shown below: <br />Indian River County: <br />Indian River County Public Works Department <br />Attn: Mr: James Gray, Jr. <br />4375 43rd Ave. Unit 102 <br />Vero Beach, Florida 32967 <br />Baytree Condominium Association, Inc.: <br />Attn: Mrs. Gayle LeGore <br />8384 Calamandren Way <br />Vero Beach, Florida 32963 <br />Marbrisa Homeowners Association, Inc.; <br />Attn: Mr. Jerry Wilhelm, President <br />c/o Elliott Merrill Community Management <br />835 20th Place <br />Vero Beach, Florida 32960 <br />9. The validity, interpretation, construction, and effect of this Agreement shall be in <br />accordance with and governed by the laws of the State of Florida, only. The location for <br />settlement of any and all claims, controversies, or disputes, arising out of or relating to any <br />part of this Agreement, or any breach hereof, as well as any litigation between the parties, <br />shall be Indian River County, Florida for claims brought in state court, and the Southern <br />District of Florida for those claims justiciable in federal court. <br />10. This Agreement incorporates and includes all prior and contemporaneous <br />negotiations, correspondence, conversations, agreements, and understandings applicable to <br />the matters contained herein and the parties agree that there are no commitments, <br />agreements, or understandings concerning the subject matter of this Agreement that are not <br />contained herein. Accordingly, it is agreed that no deviation from the terms hereof shall be <br />predicated upon any prior representations or agreements, whether oral or written. It is further <br />agreed that no modification, amendment or alteration in the terms and conditions contained <br />herein shall be effective unless contained in a written document signed by all parties. <br />3 <br />