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2006-416-2of2
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2006-416-2of2
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of action shall accrue upon or by reason hereof, to or for the benefit of any third party not <br /> a party to this Agreement or an authorized successor or assignee thereof. <br /> 21 . Further Assurances : COUNTY and DEVELOPER shall grant such further assurances <br /> and provide such additional documents as may be required by one another from time to <br /> time, and cooperate fully with one another in order to cant' out the terms and conditions <br /> hereof and comply with the express intention of this Agreement. <br /> 22 . No Waiver : Failure to insist upon strict compliance with any of the terns, covenants, <br /> or conditions herein shall not be deemed a waiver of such terms, covenants, or conditions, <br /> nor shall any waiver or relinquishment of any right or power hereunder at any one time or <br /> times be deemed a waiver or relinquishment of such right or power at any other time or <br /> times. <br /> 23 . Partial Invalidity: In the event any term, condition, or clause of this Agreement is <br /> declared to be illegal or unenforceable by a court of competent jurisdiction, such <br /> declaration of illegality or unenforceability shall not affect or alter the legality or <br /> enforceability of any remaining term, condition, or clause hereof, provided of the parties, <br /> as set forth in this Agreement. <br /> 24. Rights of Escrow Agent: The parties acknowledge that the COUNTY shall have the <br /> right to interplead with the Circuit Court in and for Indian River County, Florida, all or <br /> any portion or balance of the Escrow Funds received by it pursuant to this Agreement in <br /> the event of any dispute concerning such deposits. <br /> 25 . No Recording: Neither this Agreement nor any portion thereof nor memorandum <br /> relating hereto shall be recorded among the public records of Indian River County, <br /> Florida. <br /> 10 <br />
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