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e . (i ) If, within ten ( 10 ) days after demand to comply with the obligations of one of the parties to this Agreement served in writing on the other, compliance or reasonable assurance of compliance is not forthcoming , and the other party takes steps to enforce rights under this Agreement pursuant to paragraph 8 or otherwise , the prevailing party in any action shall be entitled to recover all reasonable costs and expenses ( including reasonable attorneys' and legal assistants ' fees before and at trial , on appeal , or otherwise . ) ( ii ) If any monies shall be due either of the parties to this Agreement hereunder and shall not be paid within forty- five ( 45 ) days from the due date of such payment , interest shall accrue on such unpaid amount at the rate of 1 % per month in accordance with the Florida Prompt Payment Act - F . S . 218 . 70 -79 . f. This Agreement shall be binding upon and inure to the benefit of the successors in in and assigns of the parties . g. The parties to this Agreement will execute and deliver, or cause to be executed and delivered, such additional or further documents , agreements , or instruments and shall cooperate with one another in all respects for the purpose of carrying out the transactions contemplated by this Agreement . h . This Agreement may be executed in any number of counterparts , each of which shall be considered an original , but all of which together shall constitute one and the same instrument and shall become effective when each of the parties has executed at least one of the counterparts even if all the parties have not executed the same counterpart . IN WITNESS WHEREOF , the parties have executed this Agreement effective for all purposes as of October 1 , 2009 . WITNESSES : INDIAN RIVER COUNTY BOYM ze, OF COUNTY COMMISSIONERS zo 5 y ort s ey avel s , al man act Darcy Vas las WITNESSES : JOHN$ EASTERN COMPANY, INC . Z1 I 4Bevly Adk s , AIM , AIC Ex ecutive Vice President