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4. Waiver and Delay <br /> No waiver or delay of any provision of this Agreement at any time will be deemed a <br /> waiver of any other provision of this Agreement at such time or will be deemed a waiver <br /> of such provision at any other time. <br /> 5. Dispute Resolution <br /> As a condition precedent to a Party bringing any suit for breach of this Agreement, that <br /> party must first notify the other Party in writing of the nature of the purported breach and <br /> seek in good faith to resolve the dispute through negotiation. If the Parties cannot <br /> resolve the dispute through negotiation, they may agree to mediation with a qualified <br /> third party acceptable to both Parties. The existence of a dispute shall not excuse the <br /> Parties from performance pursuant to this Agreement. This remedy is supplemental to <br /> any other remedies available at law. <br /> 6. Filing <br /> A copy of this Agreement shall be filed with the Clerk of the Circuit Court in and for Indian <br /> River County, Florida. <br /> 7. Force Majeure <br /> No party shall be obligated to perform any duty, requirement or obligation under this <br /> Agreement if such performance is prevented by fire, hurricane, earthquake, explosion, <br /> wars, sabotage, accident, flood, acts of God, strikes, or other labor disputes, riot or civil <br /> commotions, or by reasons of any other matter or condition beyond the control of any <br /> Party, and which cannot be overcome by reasonable diligence and without unusual <br /> expense ("Force Majeure"). In no event shall a lack of funds on the part of any Party be <br /> deemed Force Majeure. <br /> 8. Survival <br /> Provisions contained in this Agreement that, by their sense and context, are intended to <br /> survive the expiration or termination of this Agreement, shall so survive. <br /> 9. Waiver of Jury Trial <br /> EACH OF THE PARTIES HERETO KNOWINGLY, VOLUNTARILY, AND <br /> INTENTIONALLY WAIVES THE RIGHT EITHER OF THEM MAY HAVE TO A TRIAL <br /> BY JURY IN RESPECT OF ANY LITIGATION BASED HEREON, OR ARISING OUT <br /> OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. <br /> 10. Indemnification <br /> Subject to the provisions and only within the limitations of Section 768.28, Florida <br /> Statutes, and without waiving sovereign immunity, the Parties recognize their <br /> 3 <br />