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1 <br />G <br />such event. the parties mutually agree to share the cost of such <br />improvements based upon Paragraph 8B of Page S of the AGREEMENT. <br />12. SEVERASUITY <br />rt is understood and agreed by and between the parties hereto <br />that if any condition or provision contained in the AGREEMENT is <br />held to be invalid by any court of competent jurisdiction, such <br />invalidity shall not affect the validity of any other such condition <br />or provision herein contained= provided, however, that the invalidity <br />of any such condition or provision does not materially prejudice <br />either the City or the County in its respective rights and obli- <br />gations contained in the remaining valid conditions or provisions <br />of this ACREEMENf. <br />13. FORGE MAJEURE CLAUSE <br />No party to this Agreement shall be liable to the other for failure, <br />default, or delay in performing any of its obligations hereunder, <br />other than for the payment of any obligations specified herein, in <br />case such failure, default or delay is caused by strikes or other <br />labor problems, by forces of nature. unavoidable accidents, fire, <br />acts of the public enemy, interference by civil authorities, passage <br />of laws, or of the Court, adoption of rules, ordinances, acts, -failures <br />to act, decisions or orders or regulations of any governmental or <br />military body or agency, office or commission, delays in receipt of <br />materials. or any other cause, whether of similar or dissimilar nature, <br />not within the control of the party affected and which, by the <br />exercise of due diligence, such party is unable to prevent or over- <br />cele. Should any of the foregoing occur, the parties hereto agree <br />to proceed with diligence to do what to reasonable and necessary - <br />so that each party may perform its obligations under this Agreement. <br />EDE.MNIFICAATION <br />The parties reciprocally agree to indemnify each other and their <br />employees and agents from all loss, expenses, damages, costs and <br />attoroay's fees that either may suffer during the period of the <br />Agreement, incurred due to the malfeasance, misfeasance, non- <br />feasance or negligence of the other party, its employees or <br />agents. <br />14. WAIVER <br />A failure to initiate action as to any breach shall not be deemed <br />as a waiver of that right of action and all such uninitiated rights <br />of action shall be cumulative. <br />15. APPROVAL OF STATE AND FEDERAL AGENCIES <br />The State of Florida Department of Pollution Control and the United <br />States Environmental Protection Agency, by appropriate statutory <br />power, have jurisdiction over those portions of the AGREEMENT and <br />this ANNEX of the AGREEMENT, pertaining to service area delineations <br />for sewage treatment service and phasing out of existing or temporary <br />sewage treatment plants. If the covenants expressed herein are <br />inconsistent with these policies or rulings the parties hereto agree <br />to reconcile differences and through additional Annexes, arrive at <br />mutually agreeable terms which will meet the requirements of said <br />regulatory agencies. <br />IN WITNESS WHEREOF, the duly authorised officials of the City of Vero <br />Beach, Florida, and the.County of Indian River, have executed this Agreement <br />this day of J&.c_rHn,.L�,L� , 1973. <br />Attests <br />L UOle A <br />City Clerk <br />Approved as to forma <br />Iw <br />ty At�-. 4ity�o Beach <br />CITY OF VERO BEACH, FLORIDA <br />- <br />ayo <br />u-- <br />c.- <br />cY <br />