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however that Lessee is not required to repair, replace or maintain any roadway, service road, driveway, parking lot, parking space or sidewalk which is not located on the Premises, unless damage to such areas is caused by Lessee or Lessee's employees, agents, contractors, licensees or invitees. The division of the cost of repairs, replacement, and maintenance shall be shared according to the share calculation formula as set forth in Section 4.a.viii. of the Interlocal Agreement, which has been initially calculated as follows: St. Lucie 46.11% Indian River 24.36% Martin 22.42% Okeechobee 7.11% To facilitate annual budget planning, such percentages shall be recalculated on or before July 1 of each year, to be effective for the fiscal year starting October 1 of that year, utilizing the formula set forth in Section 4.a.viii. of the Interlocal Agreement. St. Lucie County shall invoice the other Counties for the cost of the repairs, replacement, and maintenance based on the County share calculation formula set out above. The other Counties shall pay St. Lucie County per the Florida Local Government Prompt Payment Act. ARTICLE V INDEMNIFICATION The parties recognize their respective liability for certain tortious acts of their agents, officers, employees and invitees, and agree to be responsible respectively for all claims, liability, losses, and/or causes of action that may arise from any negligent act or omission due to the acts of its agents, servants, or employees, to the extent and within the limits provided by law, said governmental entities subject to the limits provided in Section 768.28, Florida Statutes, the State of Florida's partial waiver of Sovereign Immunity; provided, however, that this provision shall not be construed as a waiver of any right or defense that the governmental entities have under said statute or as consent to be sued by third parties. Each party covenants to maintain sufficient general liability and worker's compensation coverage, unless self-insured, regarding its respective liability, throughout the term of Agreement. The provisions of this Article V shall survive termination of this Lease. ARTICLE VI INSURANCE Section 6.01. Lessee's Liability Insurance. Without waiving the right to sovereign immunity, Lessee acknowledges that it is self-insured for general liability and automobile liability. Lessee agrees to maintain or to be self-insured for worker's compensation and employer's liability insurance in accordance with Chapter 440, Florida Statutes, as may be amended from time to time. Lessee agrees to provide Lessor upon request with an affidavit or certificate of insurance evidencing insurance, self-insurance and/or sovereign immunity status, which the parties agree to recognize as acceptable for the above -referenced coverages. Compliance with the requirements of this paragraph shall not relieve Lessee of its liability and obligations under this Agreement. 3