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compacting the material after it is placed on the sites. The County makes no <br /> warranty or guarantee that the excavated material is suitable to be used as <br /> construction grade fill material . Credit Union and Elwill shall have the right to <br /> test/review material to be excavated as to its suitability and refuse such material if <br /> deemed unsuitable. Credit Union and Elwill shall be responsible for such testing. <br /> Credit Union and Elwill may emmplov a survey/engineer to oversee the <br /> placement and spreading of the excavated material up to approximate elevation <br /> 24.0. Following completion of the Placement of fillCredit Union and Elwill <br /> shall comply with any St. Johns River Water mans gement District Requirements <br /> for erosion control. <br /> 4) The COUNTY shall be responsible for the construction of the retention pond, installation <br /> of pipes and Oslo Road widening and improvements including advertisement for bids, <br /> contractor selection and construction inspection. <br /> S) The Parties agree to use their best efforts to coordinate the planning, design, engineering, <br /> permitting and construction of the pond and spreading of the excavated material. Each <br /> Party shall obtain any permits necessary for their own properties and projects. The <br /> Parties also agree to use their best efforts to accommodate the timing of each other' s <br /> projects with respect to construction of the pond and spreading the excavated fill <br /> material. The Project site may be cleared by the Parties and the County may begin <br /> placing fill on the Project site prior to site plan release so long as the County has <br /> approved the stormwater plans for the Project and the County has received a notice of <br /> "No Objection" from the St. John' s River Water Management District concerning the <br /> stormwater plans. <br /> 6) In the event of any litigation arising out of this Agreement, each party shall bear its own <br /> attorney fees and costs. <br /> 7) No amendment, modification, change, or alteration of this Agreement shall be valid or <br /> binding unless accomplished in writing and executed by all of the parties hereto . <br /> 8) This Agreement shall be binding upon and inure to the benefit of the parties hereto and <br /> their successors, and assigns. <br /> 9) 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 /> 10) 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 /> 3 <br />