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IN <br /> herein shall be binding on any party hereto . This Agreement shall not be effective unless signed <br /> by Developer and County. <br /> E . The obligations of the Developer to this Agreement are expressly conditioned upon <br /> the Developer' s decision, at Developer' s sole discretion, to proceed with the Project . <br /> F. No Building Permit, Certificate of Completion, or Certificate of Occupancy shall be <br /> withheld or delayed by the County for Waterway Village or any portion thereof, nor shall the <br /> County delay or withhold any other required permits, due to the County ' s failure to perform any <br /> obligation described herein, provided that the Developer is in compliance with this Agreement, all <br /> other elements of the Development Order and applicable laws and regulations . <br /> G . Except as described herein and in the Development Order, the County shall not <br /> require Developer to construct, contribute to , or share in the costs of any off- site improvements <br /> other than the payment of or credits toward applicable impact fees . <br /> H. This Agreement and all matters arising hereunder shall be governed by and <br /> construed in accordance with the laws of the State of Florida. Venue hereunder shall lie in Indian <br /> River County, Florida . Time shall be of the essence . <br /> I . This Agreement shall be deemed prepared jointly by each of the parties hereto and <br /> shall be construed on parity as between the parties . There shall be no canon of construction for or <br /> against any party by reason of the physical preparation of this Agreement . <br /> J . Whenever the singular number is used in this Agreement and when required by the <br /> context, the same shall include the plural ; and the masculine , feminine , and neuter genders shall <br /> each include the others . <br /> K. County and Developer shall grant such further assurances and provide such <br /> additional documents as may be reasonably required by one another from time to time , and <br /> cooperate fully with one another in order to carry out the terms and conditions hereof and comply <br /> with the express intention of this Agreement. <br /> L. Failure to insist upon strict compliance with any of the terms , covenants , or <br /> conditions herein shall not be deemed a waiver of such terms, covenants , or conditions , nor shall <br /> any waiver or relinquishment of any right or power hereunder at any one time or times be deemed <br /> a waiver or relinquishment of such right or power at any other time or times . <br /> M . All words , terms, and conditions contained herein are to be read in concert , each <br /> with the other, and a provision contained under one paragraph may be considered to be equally <br /> applicable under another in the interpretation of this Agreement. <br /> Page 7 of 8 <br />