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The Parties understand this program is designed to be flexible to the current !needs of <br />the community, and modifications may be made from time to time to make the <br />program more effective. Any modifications to this Agreement must be by mutual <br />agreement of the Parties in form of a written amendment. <br />VIII. Miscellaneous <br />FPL may terminate this agreement at any time without liability to any party. In no <br />event shall either party hereto be liable to the other for consequential, special, <br />exemplary, indirect or incidental losses or damages under the agreement, including <br />loss of use, cost of capital, loss of goodwill, lost revenues or loss of profit, and <br />Agency and FPL each hereby release the other and each of such persons and <br />entities from any such liability. This agreement is governed by Florida law. THE <br />PARTIES HERETO WAIVE ANY RIGHT EITHER MAY HAVE TO A TRIAL SY JURY <br />WITH RESPECT TO ANY LITIGATION ARISING IN CONNECTION WITH THIS <br />AGREEMENT. <br />IX. Approvals <br />Upon its execution, this Agreement shall supersede any previous agreements and <br />remain in force for five years -- from January 1St, 2014 to December 31St, 2018. <br />Either party has the right at any time on ninety (90) days written notice to the other to <br />terminate or amend the Agreement. Should this occur, any remaining funds will be <br />returned to FPL along with a complete accounting. <br />IN WITNESS WHEREOF, Florida Power & Light Company and the Agency caused <br />this Agreement to be executed on the date indicated below. <br />FPL <br />Florida Power & Light Company <br />P.O. Box 029100 <br />Miami, FL 33102-9100 <br />Aqency <br />Board of County Commissioners <br />Indian River County, Florida <br />Mr. Louis Gonzalez Jr Peter D. O'Bryan <br />(Print Name) (Print Name) <br />Special Consumer Svcs Coordinator <br />(Title) <br />(Signature /Date) <br />Chairman <br />(Title) <br />(Signature /Date) <br />FPL Care To Share Program Agreement dev 2013-1015) <br />� 9 9 (, <br />111 <br />