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I . A written safety inspection plan must be submitted to the Indian River County Risk Management Department for approval prior to the signing of the contract . J . DEVELOPER shall include in all sub-contractors as insured under its policies or shall furnish separate certificates and endorsements for each sub -contractor. All coverages for sub-contractors shall be subject to all of the requirements stated herein . K. DEVELOPER hereby agrees to indemnify Indian River County and Representatives thereof from all claims arising solely from intentional, reckless or negligent acts , errors or omissions of the DEVELOPER or DEVELOPERS ' REPRESENTATIVES in the performance of Professional Services under this agreement and for which DEVELOPER is legally liable . 12 . Time is of the essence as to all matters pertaining to this Agreement . 13 . In the event of any litigation arising out of this Agreement, the prevailing party shall be entitled to reimbursement of the costs and expenses thereof from the non-prevailing party or parties, including reasonable attorneys fees and including such costs , expenses , and fees incurred on appeals of such litigation . 14 . No amendment, modification, change , or alteration of this Agreement shall be valid or binding unless accomplished in writing and executed by all of the parties hereto . 15 . This Agreement shall be binding upon and inure to the benefit of the parties hereto and their personal representatives , heirs , successors , and assigns . 16 . This Agreement contains the entire agreement and understanding between the parties . No representation, statement, recital, undertaking, or promise not specifically set forth herein shall be binding on any party hereto . 17 . This Agreement and all matters arising hereunder shall be governed by and construed in accordance with the laws of the State of Florida. Venue hereunder shall lie in Indian River County, Florida. 18 , This Agreement shall be deemed prepared jointly by each of the parties hereto and shall be construed on a parity as between the parties . There shall be no canon of construction for or against any party by reason of the physical preparation of this Agreement. 19 . 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 . 7 HAFalcon Trace\Falcon Trace dev-Agr5 .doc