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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 />4g <br />