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performance of Professional Services under this agreement and for which <br />DEVELOPER is legally liable. <br />14. In the event of any litigation arising out of this Agreement, each party shall bear <br />its own attorney fees and costs. <br />15. No amendment, modification, change, or alteration of this Agreement shall be <br />valid or binding unless accomplished in writing and executed by all of the parties <br />hereto. <br />16. This Agreement shall be binding upon and inure to the benefit of the parties <br />hereto and their successors, and assigns. <br />17. This Agreement contains the entire agreement and understanding between the <br />parties. No representation, statement, recital, undertaking, or promise not <br />specifically set forth herein shall be binding on any party hereto. <br />18. 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 <br />shall lie in Indian River County, Florida. <br />19, This Agreement shall be deemed prepared jointly by each of the parties hereto <br />and shall be construed on parity as between the parties. There shall be no canon <br />of construction for or against any party by reason of the physical preparation of <br />this Agreement. <br />20. Whenever the singular number is used in this Agreement and when required by <br />the context, the same shall include the plural; and the masculine, feminine, and <br />neuter genders shall each include the others. <br />21. COUNTY and DEVELOPER shall grant such further assurances and provide <br />such additional documents as may be required by one another from time to time, <br />and cooperate fully with one another in order to carry out the terms and conditions <br />hereof and comply with the express intention of this Agreement. <br />22. 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 <br />conditions, nor shall any waiver or relinquishment of any right or power <br />hereunder at any one time or times be deemed a waiver or relinquishment of such <br />right or power at any other time or times. <br />5 <br />