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Representatives thereof from all claims arising solely from intentional, zeckless or <br /> negligent acts, error or omissions of the DEVELOPER or DEVELOPER' S <br /> REPRESENTATIVE IN THE PERFORMANCE OF Services under this agreement <br /> and for which DEVELOPER is legally liable. <br /> L. Notwithstanding anything in this Agreement to the contrary, or at law or otherwise, <br /> whether in tort, indemnity, or other theory or liability, neither party shat be, in any <br /> way, liable for an consequential, indirect, punitive or special losses, injury or damages <br /> of any character, including but not limited to, claims for loss of profit, revenue or <br /> capital, loss of use of utilities, equipment or facilities, down-time cost, or service <br /> interruption. <br /> 7 . The COUNTY Public Works Director shall work with the DEVELOPER in all <br /> construction coordination including advertisement for bids , contractor selection and <br /> construction inspection. <br /> 8 . In the event of any litigation arising out of this Agreement, each party shall I icar its own <br /> attorney fees and costs. <br /> 9 . No amendment, modification, change, or alteration of this Agreement shall tie valid or <br /> binding unless accomplished in writing and executed by all of the parties hereto, <br /> 10. This Agreement shall be binding upon and inure to the benefit of the parties ereto and <br /> their successors, and assigns. <br /> 11 . This Agreement contains the entire agreement and understanding between th m. parties . No <br /> representation, statement, recital, undertaking, or promise not specifically set forth herein <br /> shall be binding on any parry hereto. <br /> 12 . This Agreement and all matters arising hereunder shall be governed by and construed in <br /> accordance with the laws of the State of Florida. Venue hereunder shall lie in Indian <br /> River County, Florida. <br /> 13 . This Agreement shall be deemed prepared jointly by each of the parties heret and shall <br /> be construed on parity as between the parties . There shall be no canon of constriction for <br /> or against any party by reason of the physical preparation of this Agreement. <br /> 14 . Whenever the singular number is used in this Agreement and when required by the <br /> context, the same shall include the plural; and the masculine, feminine, and neuter <br /> genders shall each include the others . <br /> 15 . COUNTY and DEVELOPER shall grant such further assurances and provide such <br /> b <br /> F*Tublic WorkAKimPWgreement Docs\Developer's Agreements\Ecbo Lake-Dev Agr.doc <br />