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shall be responsible for any right-of-way permits necessary under this paragraph, and <br /> COUNTY shall cooperate reasonably with DEVELOPER in DEVELOPER' s efforts to <br /> obtain same. The DEVELOPER agrees to warranty the physical improvements <br /> constituting the Road Project and any landscaping within the Road Project to COUNTY <br /> for a period of one ( 1 ) year from the date of conveyance. <br /> 13 . INDEMNITY. DEVELOPER shall defend, indemnify, and hold the COUNTY harmless <br /> of and from any and all liens, claims, actions, loss, cause, damages, and/or expenses <br /> (including reasonable attorneys fees, and costs) arising out of or in any way related to the <br /> performance or nonperformance by the DEVELOPER or such DEVELOPER' S agents, <br /> employees, contractors, subcontractors, or licensees under this Agreement. This <br /> indemnity shall survive the completion of the construction of the Road Project, but shall <br /> terminate upon acceptance of the Road Project by COUNTY (as evidenced by <br /> conveyance of the Road Project to COUNTY). <br /> 14. The DEVELOPER shall be responsible for all construction coordination including <br /> advertisement for bids, contractor selection and construction inspections . <br /> 15 . No amendment, modification, change or alteration of this Agreement shall be valid or <br /> biding unless accomplished in writing and executed by all of the parties hereto. <br /> 16. This Agreement shall be binding upon the parties and shall inure to the benefit of the <br /> parties hereto and their successors, and assigns. <br /> 17. This Agreement contains the entire agreement and understanding between the parties. <br /> No representation, statement, recital, undertaking, or promise not specifically set forth <br /> herein shall be binding on any party hereto. <br /> 18 . This Agreement and all matters arising hereunder shall be governed by the construed in <br /> accordance with the laws of the State of Florida. Venue hereunder shall lie in Indian <br /> River County, Florida. <br /> 19. This Agreement shall be deemed prepared jointly by each of the parties hereto and shall <br /> be construed on parity as between the parties . There shall be no canon of construction for <br /> or against any part by reason of the physical preparation of this Agreement. <br /> 20. Whenever this singular number is used in the 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 /> 7 <br />