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6 . The County agrees to issue building permits and Certificates <br /> of Occupancy prior to the installation of required sidewalk improvements so long <br /> as Developer is not in default of the terms of this Contract. <br /> 7 . In the event the Developer shall fail or neglect to fulfill its <br /> obligations under this contract and as required by the Code of Laws and <br /> Ordinances of Indian River County , Florida , the Developer, as principal , and the <br /> letter of credit shall be jointly and severally liable to pay for the cost of <br /> construction and installment of the required improvements to the final total cost, <br /> including but not limited to engineering , construction , legal and contingent costs , <br /> including reasonable attorney's fees incurred by the County, together with any <br /> damages , either direct or consequential , which the County may sustain as a <br /> result of the failure of Developer to carry out and execute all provisions of this <br /> contract and applicable ordinances of the County. In no event , however, shall <br /> the liability of the underwriting bank under this paragraph exceed the total <br /> amount of the original obligation stated in the letter of credit , less any approved <br /> reductions thereto . <br /> B . The parties agree that the County at its option shall have the <br /> right, but not the obligation , to construct and install or, pursuant to receipt of <br /> competitive bids , cause to be constructed and installed the required <br /> improvements in the event Developer shall fail or refuse to do so in accordance <br /> with the terms of this contract . Developer expressly agrees that the County may <br /> demand and draw upon the existing letter of credit for the final total cost of the <br /> improvements . Developer shall remain wholly liable for any resulting deficiency, <br /> should the letter of credit be exhausted prior to completion of the required <br /> improvements . In no event shall the County be obligated to expend public funds , <br /> or any funds other than those provided by the Developer, or the letter of credit to <br /> construct the required improvements . <br /> 9 . Any letter of credit provided to the County by Developer with <br /> respect to this contract shall exist solely for the use and benefit of the County <br /> and shall not he constn`1m ry intnnegnA in r. • u . 1. . . <br /> Wo 1 � � \VII �JVV lot atoy vvay , expressly vi impliedly , to <br /> benefit or secure payment to any subco ntmctor, laborer , matedalman or other <br /> party providing labor, material , supplies , or services for construction of the <br /> required improvements , or to benefit any lot purchaser(s ) , unless the County <br /> shall agree otherwise in writing . <br /> 10 . This agreement is the full and complete understanding of the <br /> parties and shall not be construed or amplified by reference to any other <br /> agreement , discussion , or understanding , whether written or oral , except as <br /> specifically mentioned herein . This agreement shall not be assigned without the <br /> express written approval of the County. Any amendment , deletion , modification , <br /> extension , or revision hereof or hereto shall be in writing , executed by authorized <br /> representatives of both parties . <br /> 3 <br /> FAAttomcy\Nancy\DOCS\PLAN\side k for kx ashley lakes sd .doc <br />