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for approval by the Board of County Commissioners and, upon approval, issue DEVELOPER a CCI-5 Concurrency Certificate, or its equivalent, for the project. The certificate shall expire five years from the date of issuance. Should DEVELOPER fail to obtain [building permit or certificate of completion] within the timeframe covered by the certificate, then the project vesting shall expire and no refunds shall be given. All payments made, however, shall run with the land. 7 . Upon payment of the amounts specified in paragraphs 3 and 5 , and the County' s approval of this agreement, DEVELOPER' S proposed project shall be deemed vested for concurrency purposes as defined in FS 163 and Indian River County Code Chapter 910. 8 . DEVELOPER hereby agrees to indemnify Indian River County and Representatives thereof from all claims arising solely from intentional, reckless or negligent acts, errors or omissions of the DEVELOPER or DEVELOPERS ' representatives in the performance of professional services under this agreement and for which DEVELOPER is legally liable. 9 . In the event any legal proceedings are required to enforce the terms of this Agreement, the prevailing party shall be entitled to reasonable attorney fees at both trial and appellate levels, together with all costs of said proceedings. 10. 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. This Agreement contains the entire agreement and understanding between the parties. 11 . This Agreement shall be binding upon and inure to the benefit of the parties hereto and their personal representatives, heirs, successors, and assigns and may be recorded in the public records of Indian River County. 12 . 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. 13 . 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 cavy out the terms and conditions hereof and comply with the express intention of this Agreement. 14. In the event any term, condition, or clause of this Agreement is declared to be illegal or unenforceable by a court of competent jurisdiction, such declaration of illegality or unenforceability shall not affect or alter the legality or enforceability of any remaining term, condition, or clause hereof, provided of the parties, as set forth in this Agreement. F:'Wttomey\Bill\Agreemenu'' Proportionate Share\Oslo 27 Reimbursemen3to Developer Exhibit E.doc