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in the terms and conditions contained herein shall be effective unless contained in a <br /> written document signed by all parties. A party requesting an amendment to this <br /> Agreement must propose such amendment in writing to the other party at least ninety (90) <br /> days prior to the proposed effective date of the amendment. <br /> 10. Severability. If any term or provision of this Agreement or the application <br /> thereof to any person or circumstance shall, to any extent, be held invalid or unenforceable <br /> for the remainder of this Agreement, then the application of such term or provision to <br /> persons or circumstances other than those as to which it is held invalid or unenforceable <br /> shall not be affected, and every other term and provision of this Agreement shall be <br /> deemed valid and enforceable to the extent permitted by law. <br /> 11. Captions, Construction. Captions in this Agreement are included for <br /> convenience only and are not to be considered in any construction or interpretation of this <br /> Agreement or any of its provisions. Unless the context indicates otherwise, words <br /> importing the singular number include the plural number, and vice versa. Words of any <br /> gender include the correlative words of the other genders, unless the sense indicates <br /> otherwise. <br /> 13. Sovereign Immunity. Each party to this Agreement is responsible for all injury <br /> and property damage attributable to the negligent acts or omissions of that party and the <br /> officers, employees and agents thereof. In addition, each party is subject to the provisions <br /> of Florida Statutes section 768.28 (2005). <br /> 14. No Waiver. The failure of either party at any time to require performance by the <br /> other party of any provision hereof shall in no way affect the right of either party thereafter to <br /> enforce the same. No waiver by either party of any breach of any provision hereof shall be <br /> taken or held to be a waiver of any succeeding breach of such provision or as a waiver of any <br /> provision itself. <br /> 15. Counterparts. This Agreement may be executed in any number of <br /> counterparts, each of which shall be deemed an original and all of which shall constitute <br /> but one and the same document. <br /> 16. Term. Subject to early termination as set forth in this Agreement, this <br /> Agreement shall commence on the Effective Date and shall remain in effect for a period of <br /> five (5) years from the Effective Date of the Agreement, with one renewal option of five (5) <br /> years, for a potential total of ten (10) years. <br /> 17. Recordation. This Agreement shall become effective upon execution by both <br /> parties and filing with the Clerk of the Circuit Court for Indian River County and the Clerk of <br /> the Circuit Court for Brevard County. <br /> REST OF PAGE INTENTIONALLY LEFT BLANK <br /> 5 <br /> 147 <br />