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County, certifying that the Seller is not a non-resident alien or foreign entity, such <br /> that the Seller and such interest holders are not subject to tax under the Foreign <br /> Investment and Real Property Tax Act of 1980 . <br /> (d) The Seller and the County shall each deliver to the other such other documents or <br /> instruments as may reasonably be required to Close this transaction. <br /> 8 . Prorations . All taxes and special assessments which are a lien upon the property on or prior <br /> to the Closing Date (except current taxes which are not yet due and payable) shall be paid by <br /> the Seller. If the Closing Date occurs during the time interval commencing on November 2 <br /> and ending on December 31, Seller shall pay all current real estate taxes and special <br /> assessments levied against the Property, prorated based on the "due date " ofsuch taxes <br /> established by the taxing authority having jurisdiction over the Property. If the Closing Date <br /> occurs between January 1 and November 1 , the Seller shall, in accordance with Florida <br /> Statutes Section 196. 295, pay an amount equal to the current real estate taxes and <br /> assessments, prorated to the Closing Date. <br /> 9 . Miscellaneous . <br /> 9 . 1 Controlling Law . This Agreement shall be construed and enforced in accordance with the <br /> laws of the State of Florida. Venue shall be in Indian River County for all state court <br /> matters , and in the Southern District of Florida for all federal court matters . <br /> 9 . 2 Conveyance in Lieu of Eminent Domain. It is understood by the parties that this contract <br /> is entered by SELLER under the threat and in lieu of condemnation . <br /> 9 . 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 , <br /> between the Seller and the County relating to the subject matter hereof. Any modification <br /> or amendment to this Agreement shall be effective only if in writing and executed by each <br /> of the parties . <br /> 9 . 4 Assigmnent and BindingEffect.ffect. Neither County nor Seller may assign its rights and <br /> obligations under this Agreement without the prior written consent of the other party. <br /> The terms hereof shall be binding upon and shall inure to the benefit of the parties hereto <br /> and their successors and assigns . <br /> 9 . 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 <br /> facsimile transmission, as follows : <br /> If to Seller: Corporation of the Presiding Bishop <br /> Real Estate Services Division <br /> 50 E North Temple Street 12th Floor <br /> Salt Lake City, Utah, 84150- 6320 <br /> If to County: Indian River County <br /> 180127 th Street, Vero Beach, FL 32960 <br /> Attn : Robert Webb , Land Acquisition <br /> Either party may change the information above by giving written notice of such change as provided <br /> in this paragraph. <br /> 9 . 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 <br />