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to have failed concurrency as a result of the conditional operation of the CR 510 / U. S . 1 intersection, provided DEVELOPER is in compliance with this agreement. 3 . DEVELOPER understands and acknowledges that it is building in an area of the County that is growing rapidly and sufficient traffic capacity may not be available for its project even though it is entering into this agreement to make certain roadway improvements. DEVELOPER agrees that it is not entitled to any vesting of traffic concurrency rights for the Winter Beach Village project by entering into this agreement. DEVELOPER is fully aware of the changes the COUNTY is making to its concurrency ordinance and recognizes the risks of proceeding with this project. 4. The COUNTY shall be responsible for all construction coordination including advertisement for bids, contractor selection and construction inspection. 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 on 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.