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COUNTY has not commenced with the construction of any individual intersection improvement project, fiX(Kyears after the Effective Date of this Agreement. 5,IX 4. The DEVELOPER has paid all water impact fees, wastewater impact fees, and transportation impact fees for 102,900 square feet of the Project. As such, the COUNTY has issued a concurrency certificate, as reflected in the attached Exhibit `B ." The DEVELOPER may utilize the concurrency for the additional 3 , 801 square feet of development within the Project or for an outparcel of the Project at a later date in accordance with the COUNTY ' s land development regulations. 5 . In the event of any litigation arising out of this Agreement, each party shall bear its own attorney fees and costs. 6 . No amendment, modification, change, or alteration of this Agreement shall be valid or binding unless accomplished in writing and executed by all of the parties hereto . 7 . This Agreement shall be binding upon and inure to the benefit of the parties hereto and their successors, and assigns. 8 . This Agreement contains the entire agreement and understanding between the parties . No representation, statement, recital , undertaking, or promise not specifically set forth herein shall be binding on any party hereto . 9. This Agreement and all matters arising hereunder shall be governed by and construed in accordance with the laws of the State of Florida. Venue hereunder shall lie in Indian River County, Florida. 10. This Agreement shall be deemed prepared jointly by each of the parties hereto and shall be construed on parity as between the parties. There shall be no canon of construction for or against any party by reason of the physical preparation of this Agreement. 11 . Whenever the singular number is used in this Agreement and when required by the context, the same shall include the plural; and the masculine, feminine, and neuter genders shall each include the others. 12 . COUNTY and DEVELOPER shall grant such further assurances and provide such additional documents as may be required by one another from time to time, and cooperate fully with one another in order to carry out the terms and conditions hereof and comply with the express intention of this Agreement. 13 . Failure to insist upon strict compliance with any of the terms, covenants, or conditions herein shall not be deemed a waiver of such terms, covenants, or conditions, nor shall any