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force main. Within 10 business days of the County providing the City with such costs, City shall pay County the City's proportionate share of the additional costs over the amount estimated in section 2, above, if applicable. If the final (actual) cost for the Roseland Road Sewer Expansion Project is less than the amount estimated in section 2, above, the County shall reimburse City the difference between the City's proportionate share estimated amount and the City's final (actual) proportionate share cost. 5. Applicable Law; Venue. The validity, interpretation, construction, and effect of this Agreement shall be in accordance with and governed by the laws of the State of Florida, only. The location for settlement of any and all claims, controversies, or disputes, arising out of or relating to any part of this Agreement, or any breach hereof, as well as any litigation between the parties, shall be Indian River County, Florida for claims brought in state court, and the Southern District of Florida for those claims justiciable in federal court. 6. TMAII To the limits and extent set forth in section 768.28, Florida Statutes, City shall indemnify and hold harmless the County, its commissioners, officers, agents, officials, employees, and subcontractors from and against any and all claims, liabilities, losses, damage, or causes of action which may arise from any misconduct, negligent act, or omissions of either the City or any of its respective agents, officers, or employees in connection with the performance of this Agreement. However, nothing contained in this agreement shall be construed as the City waiving its immunity pursuant to §768.28, et seq., Florida Statutes, or any other sovereign or governmental immunity as to the claims of third parties. 7. 8. Effective Date. This Agreement shall become effective upon execution of the parties. IN WITNESS WHEREOF, City and County have executed this instrument this day of , 2021 58