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Alternatively, the SELLER may seek specific performance of the terms and conditions herein . If the SELLER fails to perform any covenants of this contract, the deposit shall be returned to BUYER as BUYER'S sole remedy. In that event, all parties shall be released of their rights and obligations under this contract. In connection with any dispute arising out of this contract, including , without limitation , litigation and appeals , the prevailing party shall be entitled to recover reasonable attorney's fees and costs. 10 . SUCCESSORS: Upon execution of this contract by the BUYER, this contract shall be binding upon and inure to the benefit of the BUYER, its heirs, successors or assigns. 11 . RECORDING : Neither this contract nor any notice of it may be recorded in any county by any person . 12 . ASSIGNMENT: The BUYER shall not assign this contract without the prior written consent of the Director of the Division of Administration . 13. TIME OF ESSENCE : Time is of the essence in the performance of this contract . 14 . AMENDMENTS : This contract contains the entire agreement and all representations of the parties . No amendment will be effective except when reduced to writing and signed by all parties . 15 . SURVIVAL: The covenants of this contract shall survive delivery and recording of deed and possession of the property. 16 . SELLER ACCEPTANCE : This contract shall not bind the SELLER or the State Of Florida in any manner unless or until it is approved by the SELLER and legally executed . 17 . COMPREHENSIVE PLAN AMENDMENTS AND RE-ZONING APPLICATIONS: It is understood that prior to closing BUYER may wish to pursue amendments to the local comprehensive plan or to seek rezoning of the property. Permission to do so is vested solely in the discretion of SELLER and prior written permission must be obtained by BUYER. In no event shall BUYER be authorized to bind SELLER or to make financial commitments on SELLER'S behalf to third parties or governmental entities . BUYER acknowledges that there shall be no additional cost, expense , obligation , or liability to SELLER should BUYER'S intent to amend or rezone be approved by SELLER. BUYER further acknowledges that SELLER has made no representations or warranties concerning amendments or rezoning or resulting value. BUYER agrees to indemnify and hold SELLER harmless from any loss, cost, damage or expense incurred by SELLER by reason of BUYER'S pursuit of amendments to the local comprehensive plan or rezoning of the property. 18 . LEASE FOR FIRE TOWER: At closing , BUYER and SELLER agree to enter into a Lease Agreement allowing the SELLER access to and the continued use of the fire tower on the property, at no cost, for a period of twenty-five years with SELLER retaining the right to extend the Lease Agreement for an additional twenty-five year term . The fire tower shall be used for forestry purposes only, including forestry related communications equipment, unless agreed to in writing by the County. 3