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6. Grand Harbor shall be responsible for obtaining all permits and permissions required from any governmental agency for placement of the fill on the Grand Harbor property. 7. Grand Harbor shall not charge the County for a temporary construction easement or storage of the fill on their property. The fill shall become the sole property of Grand Harbor. 8, Grand Harbor shall permit the County, its contractor and any other agents on to the property specified on Exhibit A for the limited purpose of complying with the terms of this agreement. 9. In the event of any litigation arising out of this Agreement, each party shall bear its own attorney fees and costs. 10. 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. 11. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their successors, and assigns. 12. 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. 13. 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. 14, This Agreement shall be deemed prepared jointly by each of the parties hereto and shall be construed on 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. 15. 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. 16. Failure to insist upon strict compliance 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 one time or times be deemed a waiver or relinquishment of such right or power at any other time or times. 17. All words, terms, and conditions contained herein are to be read in concert, each with the other, and a provision contained under one paragraph 3