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Contract #SI34IAA <br /> 26 . Waiver of Right to Jury Trial . In the event of any civil proceedings arising from or related to <br /> this Agreement, Recipient hereby consents to trial by the court and waives its right to seek a jury <br /> trial in such proceedings , provided , however, that the parties may mutually agree t a jury trial . <br /> 27 . Construction of Agreement. This Agreement shall not be construed more strictly against one <br /> party than against the other merely by virtue of the fact that it may have been prepared by counsel <br /> for one of the parties , it being recognized that both parties , have contributed substantially and <br /> materially to the preparation hereof. <br /> 28 . Entire Agreement . This Agreement, upon execution by Recipient and the Dis rict, constitutes <br /> the entire agreement of the parties . The parties are not bound by any stipulations , representations , <br /> agreements , or promises , oral or otherwise, not printed or inserted herein . Recipient agrees that no <br /> representations have been made by the District to induce Recipient to enter into this Agreement <br /> other than as expressly stated herein . This Agreement cannot be changed orally or by any means <br /> other than written amendments referencing this Agreement and signed by all parties . <br /> 29 . Separate Counterparts . This Agreement may be executed in separate counterparts, which shall <br /> not affect its validity . <br /> IN WITNESS WHEIZEOF, the St . Johns River Water Management District has caused this contract to be <br /> executed this day of ' 2005 , in its name by its Executive Director, and the <br /> Recipient has caused this Agreem t to be executed on the day and year written below in its name by its <br /> duly authorized representatives , and, if appropriate, has caused the seal of the corporation to be attached . <br /> ST . JOHNS RIVER WATER INDIAN RIVER COUNTY <br /> MANAGEMENT DISTRICT <br /> By : By : y <br /> Kirby B . reen III, Executive Director <br /> Thomas S . Lowther , Chairman <br /> Typed Name and Title <br /> Date : Date : July 12 , . 2QQ5 <br /> APPROVED BY THE OFFICE <br /> OF GENERAL CO EL � � C� 4 " <br /> Attest : <br /> / 0 •� . OI ♦ P Y <br /> J� Yh Stanley J . Niego, Sr. Assistant General Counsel Typed NaiWP 'Rndrm <br /> UUU PROVED : <br /> w a 41 CIL <br /> C ity Ad nistrator <br /> APP EQ AS TO ORM <br /> N EG SUF Z <br /> MA N E . <br /> ASSISTANT COUNT ATT RNEY <br /> Page 5 of 8 <br />