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County: <br />James W. Davis, P.E., Indian River County Public Works Director <br />Indian River County Administration Building <br />1840 25th Street, Vero Beach, FL 32960-3365 <br />Fax number (772) 778- 9391 <br />District: <br />David E. Gunter, Secretary/Treasurer <br />4400 20th Street, Vero Beach, FL 32966 <br />Fax number (772) 562-2532 <br />11. All pronouns and any variations thereof shall be deemed to refer to the <br />masculine, feminine or neuter, singular or plural, as the identity of the party or parties may <br />require. The parties hereby acknowledge and agree that each was properly represented by <br />counsel and this Agreement was negotiated and drafted at arm's-length so that the judicial <br />rule of construction to the effect that a legal document shall be construed against the <br />draftsperson shall be inapplicable to this Agreement. <br />12. The failure of either party at any time to require performance by the other party of <br />any provision of shall in no way affect the right of the either party thereafter to enforce the <br />same. No waiver by either party of any breach of any provision hereof shall be taken or held to <br />be a waiver of any succeeding breach of such provision or as a waiver of any provision itself. <br />13. This Agreement may be executed in one or more counterparts, each of which <br />shall be deemed to be an original copy and all of which shall constitute but one and the same <br />instrument. <br />IN WITNESS WHEREOF, the District has approved this Agreement at a duly noticed <br />meeting held on August 14, 2003 and the County has approved this Agreement at a duly <br />noticed meeting held on August 19, 2003. <br />Attest: INDIAN RIVER FARMS WATER CONTROL DISTRICT <br />By:.4ic By: <br />David E. Gunter <br />Secretary <br />W. C. Graves IV, <br />President, Board of Supervisors <br />R <br />