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4. Finalization of the Costs for the System for Donald MacDonald Campground. <br />Upon completion of the sanitary sewer force main along Roseland Road, the County <br />shall provide the City with the final (actual) cost for the sanitary sewer force main. <br />Within 10 business days of the County providing the City with such costs, City shall pay <br />County the City's proportionate share of the additional costs over the amount estimated <br />in section 2, above, if applicable. <br />If the final (actual) cost for the Roseland Road Sewer Expansion Project is less <br />than the amount estimated in section 2, above, the County shall reimburse City the <br />difference between the City's proportionate share estimated amount and the City's final <br />(actual) proportionate share cost. <br />5. Applicable Law, Venue. The validity, interpretation, construction, and effect of <br />this Agreement shall be in accordance with and governed by the laws of the State of <br />Florida, only. The location for settlement of any and all claims, controversies, or <br />disputes, arising out of or relating to any part of this Agreement, or any breach hereof, <br />as well as any litigation between the parties, shall be Indian River County, Florida for <br />claims brought in state court, and the Southern District of Florida for those claims <br />justiciable in federal court. <br />6. Indemnification. To the limits and extent set forth in section 768.28, Florida <br />Statutes, City shall indemnify and hold harmless the County, its commissioners, officers, <br />agents, officials, employees, and subcontractors from and against any and all claims, <br />liabilities, losses, damage, or causes of action which may arise from any misconduct, <br />negligent act, or omissions of either the City or any of its respective agents, officers, or <br />employees in connection with the performance of this Agreement. However, nothing <br />contained in this agreement shall be construed as the City waiving its immunity <br />pursuant to §768.28, et seq., Florida Statutes, or any other sovereign or governmental <br />immunity as to the claims of third parties. <br />7. Effective Date. This Agreement shall become effective upon execution of the <br />parties. <br />IN WITNESS WHEREOF, City and County have executed this instrument this 16th <br />day of February , 2021. <br />Page 2 of 3 <br />