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P 6 . The County agrees to issue bullding permits and Certificates of Occupancy prior to the installation of required sidewalk improvements so long as Developer is not in default of the terms of this Contract. 7 . In the event the Developer shall fail or neglect to fulfill its obligations under this contract and as required by the Code of Laws and Ordinances of Indian River County , Florida, the Developer, as principal , and the funds In escrow deposit shall be jointly and . severally liable to pay for the cost of construction and installment of the required sidewalk improvements to the final total cost, including but not limited to engineering , construction , legal and contingent costs , including reasonable attorney's fees incurred by the County, together with any damages , either direct or consequential , which the County may sustain as a result of the failure of Developer to carry out and execute all provisions of this contract and applicable ordinances of the County. , S , The parties agree that the County at its option shall have the right, but not the obligation , to construct and install or, pursuant to receipt ,of % competitive bids , cause to be constructed and installed the required ; Improvements in the event Developer shall fail or refuse to do so in accordance with the terms of this contract. Developer expressly agrees that the County may demand and draw upon the cash deposit for the final total cost of the improvements . Developer shall remain wholly liable for any resulting deficiency, should the cash deposit be exhausted prior to completion of the required sidewalk impro�nements . In no event shall . the County be obligated to expend public funds , or any funds other than those provided by the Developer, or the ; letter of credit to construct the required sidewalk improvements . 9 . Any cash deposit provided to the County by Developer with respect to this contract shalt exist solely for the use and benefit of the County and Shall not be construed or Intended in any way, expressly or impliedly, to , benefit or secure payment to any subcontractor, laborer, materiatman or other party providing labor, material , �supplles , or services for construction of the required improvements , or to benefit any lot purchaser(s ), unless the County shall agree otherwise in writing . , 10v This agreement Is the full and complete understanding of the parties and shall not be construed or amplified by reference to any other agreement , discussion , or understanding, whether written or oral, except as specifically mentioned herein . This agreement shall not be assigned without the express written approval of the County. Any amendment, deletion , modification , extension , or revision hereof or hereto shall be In writing , executed by authorized representatives of both parties . 3 F: attomeymncy\DOMPLAWde k cc cash townhomes at trilHUMAoe ; �f