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<br />shall be considered certified. confirmed or ratified and Seller <br />shall, at closing, be charged an amount equal to the last estimate <br />or assessment for the improvement by the public body. <br /> <br />19. ATTORNEY'S FEES; COSTS: In any litigation, including breach, <br />enforcement or interpretation, arising out of this Contract, the <br />prevailing party in such litigation shall be entitled to recover <br />from the non-prevailing party reasonable attorney's fees, costs and <br />expenses. <br /> <br />20. CONTRACT NOT RECORDABLE; PERSONS BOUND; NOTICE: Neither <br />this Contract nor any notice of it shall be recorded in any public <br />records. This Contract shall bind and inure to the benefit of the <br />parties and their successors in interest. Whenever the context <br />permits, singular shall include plural and one gender shall include <br />all. Notice given by or to the attorney for any party shall be as <br />effective as if given by or to that party. <br /> <br />21. OTHER AGREEMENTS: No prior or present agreements or <br />representations shall be binding upon Buyer or Seller unless <br />included in this Contract. No modification to or change in this <br />Contract shall be valid or binding upon the parties unless in <br />writing and executed by the party or parties intended to be bound <br />by it. <br /> <br />22. WARRANTY: Seller warrants that there are no facts known to <br />Seller materially affecting the value of the Property which are not <br />readily observable by Buyer or which have not been disclosed to <br />Buyer. <br /> <br />23. CONTINGENCIES: <br /> <br />(a) This Contract is subject to the f?r~al approval by the <br />City of Casselberry Commission on 2...-1/ 2005, and <br />compliance with the city Charter. If the ity of Casselberry <br />Commission does not approve this Contract on ~~ ' <br />2005, then this Contract shall be deemed terminated an the parties <br />shall be relieved of all further liability hereunder. <br /> <br />(b) SELLER shall fully comply with the provisions of Section <br />286.23, Florida Statutes, by executing and delivery at Closing an <br />Affidavit in the form of the Affidavit of Interest in Real Property <br />- Florida Statute 286.23(2), a copy of which is attached hereto. <br /> <br />Page 5 <br />