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7. The DEVELOPER In the event of any litigation arising out of this Agreement, each party <br /> shall bear its own attorney fees and costs. <br /> 8 . 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 /> 9. This Agreement shall be binding upon and inure to the benefit of the parties hereto and <br /> their successors, and assigns. <br /> 10. This Agreement contains the entire agreement and understanding between the parties. No <br /> representation, statement, recital, undertaking, or promise not specifically set forth herein <br /> shall be binding on any party hereto. <br /> 11 . 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 /> River County, Florida. <br /> 12. 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 party by reason of the physical preparation of this Agreement. <br /> 13 . 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 with one another in order to carry out the terms and conditions hereof and comply <br /> with the express intention of this Agreement. <br /> 14. 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 /> 15 . 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 /> 16. 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 /> 3 <br />