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intersection, and neither the DEVELOPER nor any purchaser of, or within, MICHAEL CREEK SUBDIVISION shall be deemed to have failed concurrency as a result of the conditional operation of the SR 510 / US 1 intersection, provided DEVELOPER is in compliance with this Agreement. 3 . The COUNTY shall be responsible for all construction coordination including advertisement for bids, contractor selection and construction inspection. 4 . In the event of litigation arising out of this Agreement, each party shall bear its own attorney fees and costs . 5 . No amendment, modification, change, or alteration of this Agreement shall be valid or binding unless accomplished in writing and executed by all the parties hereto . 6. This agreement shall be binding upon and inure to the benefit of the parties hereto and their successors, and assigns. 7. 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. 8 . 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. 9. 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. 10. 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. 11 . 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. 12. Failure to insist upon strict conditions with any of the terms, covenants, or conditions herein shall not be deemed a waiver of such terms, covenants, or conditions, nor shall any waivers or relinquishment of any right or power hereunder at any time or times be deemed a waiver or relinquishment of such right or power at any other time or times . 13 . All words, terms, and conditions contained herein are to be read in concert, each with the other, and a provision contained under one paragraph may be considered to be equally applicable under another in the interpretation of this Agreement.