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C . The COUNTY shall not in any way restrict access of the DISTRICT and/ or <br /> the United States of America to the property as needed during periodic use of the <br /> dredge_ material management area , as both parties recognize that such use is to be the <br /> paramount use of the Leased Premises . <br /> D . The COUNTY shall comply with any public access restrictions required by <br /> the DISTRICT and/or the United States of America during the periodic use of the <br /> property for dredge material management . <br /> 37 . VENUE/ATTORNEY' S FEES : In the event of any litigation arising out of or <br /> resulting from this LEASE , the venue of such litigation shall be had only in the State courts in <br /> Palm Beach County , Florida . The prevailing party in such litigation shall be entitled to its costs <br /> and reasonable attorney ' s fees ( at trial , appellate , and post-judgment proceeding levels ) . <br /> IN WITNESS WHEREOF , the parties have caused this LEASE to be executed on the <br /> day and year first written above . <br /> COUNTY : INDIAN RIVER COUNTY <br /> ATTEST : <br /> J . K . BARTON , Clerk of Court <br /> Ci j 1 <br /> Clerk ( Deputy ) Chairman ; Wesley S . Da is <br /> for : J . K . BARTON <br /> CLERK CIRCUIT COURT <br /> BCC approved : - ,A.1 '/-3 0 9 <br /> APPROVED AS TO FORM AND <br /> LEGAL SUFFICIENCY , .. , <br /> fc.- County Attorney <br /> 14 <br />