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4. Recipient agrees to use the Weather Station(s) for their intended purpose and provide data to WeatherSTEM and its users as required by WeatherSTEM and FDEM. 5. Proof of installation of the Weather Station(s), to include a serial number, location address, and other relevant information, is incorporated by reference and shall be attached to this MOA without need for further agreement by the Parties. 6. All notices provided under or pursuant to this MOA shall be in writing, and sent via certified mail return receipt requested, along with a courtesy copy via electronic mail, to the representatives and addresses identified below: For FDEM: (name), (title) Florida Division of Emergency Management 2555 Shumard Oak Blvd. Tallahassee, FL 32399 (phone) (email) For Recipient Tad Stone, Director Indian River County Emergency Services 4225 43rd Avenue Vero Beach, FL 32967 (772) 226-3869 tstone(@-ircgov.com 7. Miscellaneous a. This MOA shall be governed by the laws of the State of Florida and venue shall be in Leon County, Florida. b. The Parties agree that nothing in this MOA serves to create an employer- employee relationship between FDEM and Recipient. c. Any modification of this MOA, except the attachment of proof of installation of the Weather Station(s), or additional obligation assumed by either Party with regard to this MOA, shall be binding only if evidenced in writing signed by an authorized representative of each Party. d. This MOA shall not be construed against either Party and shall be deemed to have been drafted by both Parties. e. This Agreement creates neither a partnership nor a joint venture, and neither Party has the authority to bind the other. f. Nothing contained herein shall constitute a waiver by either Party of its sovereign immunity or the provisions of Section 768.28, F.S. Nothing herein shall be construed as consent by either Party to be sued by third parties. 102