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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 />121 <br />