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ARTICLE 10 INDEMNIFICATION A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK Only to the limits set forth in section 768.28, Florida Statutes, District agrees to indemnify and hold harmless City for any and all actions, claims, losses, and litigation including all costs and attorney's fees, through trial and appeal, arising out of or connected in any way with District's services at the Airport pursuant to this Agreement, except with respect to any condition existing that is in City's sole control or arising from City's willful misconduct or gross negligence. Nothing in this Agreement or any other document shall be deemed to affect, limit, or waive any right, privilege, or immunity of the City or the District or the limited waiver of sovereign immunity set forth in section 768.28, Florida Statutes. ARTICLE 11 DISCLAIMER OF THIRD PARTY BENEFICIARIES This Agreement is solely for the benefit of the parties and no right or cause of action shall accrue to or for the benefit of any third party that is not a formal party hereto. Nothing in this Agreement, express or implied, is intended or shall be construed to confer upon or give any person or corporation other than the parties any right, remedy, or claim under or by reason of this Agreement or any provisions or conditions of it; and all of the provisions, covenants, and conditions herein contained shall inure to the sole benefit of and shall be binding upon the parties hereto. ARTICLE 12 MISCELLANEOUS PROVISIONS (a) This Agreement shall be governed by and construed in accordance with the laws of the state of Florida. (b) This Agreement and incorporated attachments sets forth all the promises, agreements, conditions, and understandings, either oral or written, between the parties. No subsequent alteration, amendment, change, or addition to this Agreement will be binding on either party unless in writing and Page 12 of 15