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A TRUE COPY <br />CERTIFICATION ON LAST PAGE <br />J.R. SMITH, CLERK <br />the damaged Weather Station, the Recipient is responsible for the <br />maintenance of the new unit through the remainder of the original Term of <br />this MOA. <br />c. Provisions surviving the Term of this MOA: (1) the Recipient shall allow <br />WeatherSTEM to continue collecting weather data from the Weather <br />Station until the Weather Station ceases to function; (2) WeatherSTEM <br />and the Recipient may mutually agree who is responsible for maintaining <br />the Weather Station following the end of the Term of this MOA. <br />8. Miscellaneous <br />a. This MOA shall be governed by the laws of the State of Florida and venue <br />shall be in Leon County, Florida. <br />b. The Parties agree that nothing in this MOA serves to create an employer- <br />employee relationship between FDEM and Recipient. <br />c. This Agreement creates neither a partnership nor a joint venture, and neither <br />Party has the authority to bind the other. <br />d. Except for the attachment of proof of installation of the Weather Station(s), <br />any modification of this MOA or additional obligation assumed by either Party <br />with regard to this MOA shall be binding only if evidenced in writing signed by <br />an authorized representative of each Party. <br />e. Either Party may request changes to this MOA. Any changes, modifications, <br />revisions or amendments to this MOA that are mutually agreed upon by and <br />between the Parties to this MOA, shall be incorporated by written instrument <br />and effective when executed and signed by all Parties to this MOA. <br />f. This MOA shall not be construed against either Party and shall be deemed to <br />have been drafted by both Parties. <br />g. Nothing contained herein shall constitute a waiver by either Party of its <br />sovereign immunity or the provisions of Section 768.28, F.S. Nothing herein <br />shall be construed as consent by either Party to be sued by third parties. <br />h. This MOA, upon execution, contains the entire agreement of the parties and <br />no prior written or oral agreement, express or implied, shall be admissible to <br />contradict the provisions of this MOA. <br />i. This MOA may be executed in counterparts, each of which shall be deemed <br />an original but all of which shall constitute one and the same MOA. <br />INTENTIONALLY LEFT BLANK <br />Page 3 of 5 <br />