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on construction for or against any party by reason of the physical preparation of this Agreement. 12 . Whenever the singular number is used in this Agreement and when required by the context, the same shall include the plural; and the masculine, feminine, and neuter genders shall each include the others. 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 carry out the terms and conditions hereof and comply with the express intention of this Agreement. 14. Failure to insist upon strict conditions with any of the terms, covenants, or conditions herein shall not be deemed a waiver of such terms, covenants, or conditions, nor shall any waiver or relinquishment of any right or power hereunder at any time or times be deemed a waiver or relinquishment of such right or power at any other time or times. 15 . All words, terms, and conditions contained herein are to be read in concert, each with the other, and a provision contained under one paragraph may be considered to be equally applicable under another in the interpretation of this Agreement. 16 . The words herein and hereof and words of similar import, without reference to any particular section of subdivision of this Agreement, refer to this Agreement as a whole rather than to any particular section or subdivision hereof. 17. 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. 18 . DEVELOPER understands and acknowledges that it is building in an area of the County that is growing rapidly and sufficient traffic capacity may not be available for its project even though it is entering into this agreement to make certain roadway improvements. DEVELOPER agrees that it is not entitled to any vesting of traffic concurrency rights for the Tuscany Lakes project by entering into this agreement. DEVELOPER is fully aware of the changes the COUNTY is making to its concurrency ordinance and recognizes the risks of proceeding with this project. 19. DEVELOPER and DEVELOPER ' S contractors and subcontractors will maintain the following minimum limits of insurance during the term of this agreement and shall provide evidence of said coverage being in effect by providing the County with a Certificate of Insurance listing Indian River County as an additional insured :