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suits against COUNTY, through trial and all appellate proceedings and proceedings for determination of entitlement to and amount of such fees and costs. Such indemnification obligation of CITY shall survive expiration or termination of this Franchise Agreement for any covered claim accruing prior to such expiration or termination. However, such obligation to indemnify COUNTY shall be subject to the limitations set forth in section 768.28, Florida Statutes, as may be applicable. (b) The CITY shall in no way be liable or responsible for any claim, damage, or suit arising from collection or remittance of any franchise fee or fee -in -lieu -of -franchise fee by the CITY pursuant to this Franchise Agreement, and the approval of this Franchise Agreement by the COUNTY shall be deemed an agreement on the part of the COUNTY to indemnify and hold the CITY harmless from any claims, damages, or suits resulting directly or indirectly from the collection and remittance of such fees by CITY (but excluding to the extent any such claim is based on the negligence of CITY), including but not limited to attorneys' fees, experts' fees, and costs incurred for defending any and all such claims or suits against CITY, through trial and all appellate proceedings and proceedings for determination of entitlement to and amount of such fees and costs. Such indemnification obligation of COUNTY shall survive expiration or termination of this Franchise Agreement. However, such obligation to indemnify the CITY shall be subject to the limitations set forth in section 768.28, Florida Statutes, as may be applicable. Section 13. Attorney's Fees, Venue. The prevailing party in any litigation for enforcement of any terms and conditions of this Agreement shall be awarded, in addition to the relief sought in such litigation, its reasonable attorney's fees, court costs, and expert witness fees incurred in prosecuting or defending such action, including on appeal. This Agreement shall be construed, governed, and interpreted according to the laws of the State of Florida. Venue for resolution of any dispute arising under this Franchise Agreement shall be in Indian River County, Florida. Each of the Parties hereto irrevocably waives its right to a jury trial with respect to any action or claim arising out of any dispute in connection with this Agreement or its performance, or otherwise related to the subject matter of this Franchise Agreement. Section 14. Service Area Boundary. The Service Area for water, wastewater, and reclaimed water shall remain the boundary limit of the Franchise, unless otherwise agreed to by the Parties in writing. The CITY may provide water, wastewater, and reclaimed water utility services to new customers in unincorporated areas of Indian River County outside of the Service Area only upon request of such new customers and after approval by Indian River County. Any property in the Service Area that is annexed into the CITY shall be removed from the Service Area. Section 15. Force Majeure. Provisions herein to the contrary notwithstanding, CITY shall not be liable for the non-performance or delay in performance of any of its obligations undertaken pursuant to the terms of this Franchise Agreement, where said failure or delay is due to any cause beyond CITY's control including, without limitation, "Acts of God," unavoidable casualties, wars, riots, pandemics, and labor disputes. Page 6 of 9