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Caretaker shall retain exclusive use of the Residential Area, provided that the Caretaker Agreement is still in effect. The County shall have the right to access the palm plantation area of the Property via the roadway Seminole Trail (Platted County Road Right -Of -Way) which runs north off of the easternmost end of Morningside Drive (which runs east off of Jungle Trail which is to the west and runs north and south parallel to Seminole Trail) into about the mid -point of the subject Property. 16. NOTICES. Any notice shall be deemed duly served if hand delivered; mailed by certified mail, return receipt requested; sent via "overnight" courier service; or facsimile transmission, as follows: If to Seller: Richard M. Jones P. O. Box 94 Wabasso, Florida 32970 If to Purchaser: Indian River County 1801 - 27t i Street, Vero Beach, FL 32960 Attn: Roland Deblois Facsimile # (772) 978-1806 17. DEFAULT. In the event Purchaser fails to perform any of its obligations hereunder, the Seller shall, at Seller's sole option, be entitled to: (i) terminate this Agreement by written notice delivered to Purchaser at or prior to the Closing Date and thereupon neither the Seller nor any other person or party shall have any claim for specific performance, damages, or otherwise against the Purchaser; or (ii) waive Purchaser's default and proceed to Closing. In the event Seller fails to perform any of its obligations hereunder, Purchaser shall, at its sole option, be entitled to: (i) terminate this Agreement by written notice delivered to the Seller at or prior to the Closing Date and thereupon neither the Purchaser nor any other person or party shall have any claim for specific performance, damages or otherwise against the Seller; (ii) obtain specific performance of the terms and conditions hereof; or (iii) waive Seller's default and proceed to Closing. In connection with any dispute arising out of this Agreement, including without limitation litigation and appeals, each party will be responsible for its own attorney's fees and costs. 18. BROKERS. Seller warrants that no persons, firms, corporations or other entities are entitled to a real estate commission or other fees as a result of this Agreement or subsequent closing, except as accurately disclosed on the Closing Documents. Seller shall indemnify and hold Purchaser harmless from any and all such claims, whether disclosed or undisclosed. 19. RECORDING. This Agreement may not be recorded.