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litigation between the parties, shall be Indian River County, Florida for claims brought in <br />state court, and the Southern District of Florida for those claims justiciable in -federal court. <br />10. Indemnification. Property Owner shall indemnify and hold harmless the County, its <br />commissioners, officers, agents, officials, employees, and subcontractors from and <br />against any and all claims, liabilities, losses, damage, or causes of action which may arise <br />from any gross negligence of intentional misconduct of either the Property Owner or any <br />of its respective agents, officers, or employees in connection with the performance of this <br />Agreement. <br />11. No Third Party Beneficiaries. Except as otherwise expressly provided herein, this <br />Agreement is solely for the benefit of the named parties, and no enforceable right or cause <br />of action shall accrue hereunder to or for the benefit of any entity or individual not a named <br />party hereto. <br />12. Effective Date. This Agreement shall become effective upon execution by the Indian <br />River County Board of County Commissioners. <br />Signed in the presence of the <br />following witnesses: <br />sign: <br />ZiJk6l J11-0� <br />print name.1)eaJ I - <br />sign: <br />print <br />CERTUS VRO OWNER LLC, a Florida limited <br />liability company <br />By CERTUS RAC TESSIE I LLC, a Florida limited <br />liability company, its Manager <br />By CERTUS SL INVESTORS LLC, a Florida <br />limited liability company, its Manager <br />By CERTUS GP LLC, a Florida limited <br />liability company, its Manager <br />By: <br />ow- <br />Tro n <br />" rop ner" <br />INDIAN RIVER COUNTY, FLORIDA <br />ATTEST: Jeffrey . Smith, Cler ..,.�'��sni ......�F ,,.. <br />Cort d Comptr <br />By: <br />���� �n o � •.�': <br />UC <br />By: 10 Peter D. O'Bryan, Chairm' n �o <br />eputy Clerk Board of County Commissioner -4. <br />BCC approved: August 14, 2oi <br />APPROVED AS TO FORM <br />AND LEGAL SUFFICIENCY <br />Page 3 of '7' <br />B <br />DYLAN REINGOLD <br />COUNTY ATTORNEY <br />