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1 1 M such event, the parties mutually agree to share the cost of such improvements based upon Paragraph gB of Page S of the AGREENENT. 12. SEVERABILITY It is understood and agreed by and between the parties hereto that if any condition or provision contained !., the AGREEMENT is held to be invalid by any court of competent jurisdiction, such Invalidity shall not affect the validity of any other such condition or provision herein contained; provided, however, that the invalidity of any such condition or provision does not materially prejudice either the City or the County in its respective rights and obli- gations contained in the remaining valid conditions or provisions of this AGREEMENT. 13. FORCE MAJEURE CLAUSE No party to this Agreement shall be liable to the other for failure, default, or delay in performing any of .its obligations hereunder, other than for the payment of any obligations specified herein, in case such failure, default or delay is caused by strikes or other labor problems, by forces of nature, unavoidable accidents, fire, sets of the public enemy, interference by civil authorities, passage of laws, or of the Court, adoption of rules, ordinances, acts, failures to act, decisions or orders or regulations of any governmental or military body or agency, office or commission, delays in receipt of materials, or any other cause, whether of similar or dissimilar nature. not within the control of the party affected and which, by the exercise of due diligence, such party is unable to prevent or over- come. Should any of the foregoing occur, the parties hereto agree to proceed with diligence to do what is reasonable and necessary so that each party may perform its obligations under this Agreement. IDENNIFICATION The parties reciprocally agree to indemnify each other and their employees and agents from all loss, expenses, damages, costa and attorney's fees that either may suffer during the period of the -7- Agreement, incurred due to the malfeasance, misfeasance. non- fsasaace or negligence of the other party, its employees or agents. 14. WAIVER A failur, to Initiate action as to any breach shall not be deemed as a wailer of that right of action and all such uninitiated rights of actior shall be cumulative. '13. APPROVAL OF STATE AND FEDERAL AGENCIES The State of Florida Department of Pollution Control and the United States Environmental Protection Agency, by appropriate statutory power, have jurisdiction over those portions of the AGREEMENT and • this ANNEX of the AGREEMENT, pertaining to service area delineations for sewage treatment service and phasing out of existing or temporary sewage treatment plants. If the covenants expressed herein are .'.cocsistant with these policies or rulings the parties hereto agree to reconcLle differences and through additional Annexest arrive at mutually ,greeable tatms which will meet the requirements of said regulatory agencies. IN WITNESS WNEMOF, the duly authorized officials of the City of Vero Beach, Florida, aid the County of Indian River, have executed this Agreement day o 1973. CIrTY OF VERO BEACH, FLORIDA � Attests (� aro �. City Clerk , Approved as to fmmr w ty Att nay - {ity of qo Batch P It .rr C3 G G: