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21 . COUNTY and DEVELOPER shall grant such further assurances and provide such <br /> additional documents as may be required by one another from time to time, and cooperate <br /> fully without one another in order to carry out the terms and conditions hereof and <br /> comply with the express intention of the Agreement. <br /> 22 . Failure to insist upon strict compliance with any of the terms, covenants, or conditions <br /> herein shall not be deemed a waiver of such terms, covenants, or conditions, nor shall any <br /> waiver or relinquishment of any right or power hereunder at any one time or times be <br /> deemed a waiver or relinquishment of such right or power at any other time or times. <br /> 23 . All words, terms, and conditions contained herein are to be read in concert, each with the <br /> other, and a provision contained under one paragraph may be considered to be equally <br /> applicable under another in the interpretation of this Agreement. <br /> 24. The words herein and hereof and words of similar import, without reference to any <br /> particular section or subdivision of this Agreement, refer to this Agreement as a whole <br /> rather than to any particular section or subdivision hereof. <br /> 25 . In the event any term, condition or clause of this Agreement is declared to be illegal or <br /> unenforceable by a court of competent jurisdiction, such declaration of illegality or <br /> unenforceability shall not affect or alter the legality or enforceability of any remaining <br /> term, condition, or clause hereof, provided of the parties, as set forth in this Agreement. <br /> 26 . DEVELOPER understands and acknowledges that it is building in an area of the County <br /> that is growing rapidly and sufficient traffic capacity may not be available for its project <br /> even though it is entering into this agreement to make certain roadway improvements. <br /> DEVELOPER agrees that neither the act of executing of this Agreement, nor any term, <br /> obligation, or covenant of this Agreement, entitles DEVELOPER to any vesting of traffic <br /> concurrency rights for the Vero Village project. DEVELOPER is fully aware that the <br /> COUNTY is making changes to its concurrency ordinance and recognizes the risks of <br /> proceeding with this project. Nothing in this Agreement shall affect any rights, benefits, <br /> or remedies DEVELOPER may have with respect to any concurrency certificates issued <br /> before the date of this Agreement or any impact fees paid before the date of this <br /> Agreement. This paragraph is not, and should not be implied to be, an admission or <br /> waiver by DEVELOPER with respect to traffic concurrency rights with respect to the <br /> Subdivision. <br /> 8 <br />