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Section 9 . 22 . Time of Essence The Parties each understand and acknowledge that time is of the essence of this Agreement . Section 9 . 23 . Cooperation and Release of Information District shall cooperate with Processor' s requests for public information and District shall release public records concerning the District, its Processors, and its Franchisees, when such documents are requested by Processor in compliance with Chapter 119 , Florida Statutes , Section 9 . 24 , Sovereign Immunity Nothing in this Agreement is or shall be construed as a waiver of the District' s sovereign immunity or the limitations on liability set forth in Section 768 . 28, Florida Statutes , Section 9 . 25 . Records Retention All records required to be prepared or maintained by the Processor or District shall be retained by the Processor or District, respectively, for at least five ( 5 ) years after the date when the records are prepared . Section 9 . 26 . Counterparts This Agreement may be executed in one or more counterparts, each of which will be deemed an original , but which together will constitute one and the same instrument . Section 9 . 27 . Confidential Information ( a ) SWDD is a dependent special district of Indian River County, Florida and , as such , is subject to the Florida Public Records Act, the Florida Sunshine Law, and other state or federal laws relating to public records ( collectively "Open Records Law" ) . If Processor maintains that any record delivered to SWDD by Processor is confidential or exempt under the Open Records Law, Processor shall stamp or otherwise mark the front page of such record as "confidential " at the time of production . If any third party thereafter requests a copy of any such record , SWDD shall provide notice of such request to Processor and Processor shall have five ( 5 ) business days after receipt of such notice to provide to SWDD a written summary of its position that such record is confidential or exempt under the Open Records Law, which summary shall identify the specific statutory provisions which are relied upon to establish such confidentiality or exemption ; failure to timely deliver such summary shall be deemed to be a waiver or abandonment of Processor' s position . If the County Attorney agrees with the Processor' s position as set forth in the - 22 -