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Immunity of Section 768 . 28 Florida Statutes . Additionally , neither party shall be liable pursuant to this indemnity to pay a claim or a judgment by any one person or any claim or judgment, or portions thereof which , when totaled with all other claims or judgments paid arising out of the same incident or occurrence exceeds the limits of liability as set forth in Section 768 . 28 (5 ) Florida Statutes, provided, that the payment of said claim(s) shall be further limited to the amount of insurance proceeds paid for such claim( s) covered by this indemnification . This indemnity specifically excludes any requirement for one party to indemnify the other party for the other party ' s negligence or to assume any liability for the other party ' s negligence as provided in Section 768 . 28 ( 19 ) Florida Statutes . 7 . Term . The term of this Agreement shall be ten ( 10 ) fiscal years ( October 1 through September 30 ) , commencing with FY 201243 and ending with FY 2021 - 22 . During the final fiscal year of the term , the parties shall meet and discuss possible renewal of the agreement. Any renewal shall be set forth in writing signed by both parties . Either party may terminate this Agreement by written notice to the other received no later than May 31 of any year within the term of this Agreement, which termination shall be effective September 30 of the year notice is given . 8 . Interpretation . This Agreement has been submitted to the equal review and scrutiny of both parties , and both parties agree that it fairly and accurately sets forth the terms their agreement . In any dispute between the parties , the agreement shall be given a fair and reasonable interpretation , without consideration or weight being given to the fact that it was initially prepared or drafted by any particular party . 9 . Governing Law . This Agreement shall be governed by and interpreted in accordance with the laws of the State of Florida. 10 . Jurisdiction and Venue. Exclusive jurisdiction for any proceedings arising out of or relating to this Agreement shall be in the circuit court of the State of Florida . Venue shall be in Indian River County , Florida. 11 . Attorney ' s Fees , etc. In any legal proceedings arising out of or relating in any way to this Agreement, the prevailing party shall recover from the non-prevailing party all fees , costs and expenses, including, without limitation, reasonable attorney ' s fees at all trial , appellate and collection levels . 12 . Waiver of Jury Trial. EACH PARTY HEREBY KNOWINGLY AND INTENTIONALLY WAIVES ITS RIGHT TO TRIAL BY JURY OF ANY ISSUE ARISING Page 3 of 4