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4. Recipient agrees to use the Weather Station(s) for their intended purpose and <br />provide data to WeatherSTEM and its users as required by WeatherSTEM and <br />FDEM. <br />5. Proof of installation of the Weather Station(s), to include a serial number, location <br />address, and other relevant information, is incorporated by reference and shall <br />be attached to this MOA without need for further agreement by the Parties. <br />6. All notices provided under or pursuant to this MOA shall be in writing, and sent <br />via certified mail return receipt requested, along with a courtesy copy via <br />electronic mail, to the representatives and addresses identified below: <br />For FDEM: (name), (title) Amy Godsey, Chief State Meteorologist <br />Florida Division of Emergency Management <br />2555 Shumard Oak Blvd. <br />Tallahassee FL 32399 <br />(phone) B0-519-8483 <br />(email) Amy.Godsey@em.myflorida.com <br />For Recipient Tad Stone, Director <br />Indian River County Emergency Services <br />4225 431d Avenue <br />Vero Beach, FL 32967 <br />(772) 226-3869 <br />tstone(a�ircgov.com <br />7. Miscellaneous <br />a. This MOA shall be governed by the laws of the State of Florida and venue <br />shall be in Leon County, Florida. <br />b. The Parties agree that nothing in this MOA serves to create an employer- <br />employee relationship between FDEM and Recipient. <br />c_ Any modification of this MOA, except the attachment of proof of <br />installation of the Weather Station(s), or additional obligation assumed by <br />either Party with regard to this MOA, shall be binding only if evidenced in <br />writing signed by an authorized representative of each Party. <br />d. This MOA shall not be construed against either Party and shall be deemed <br />to have been drafted by both Parties. <br />e. This Agreement creates neither a partnership nor a joint venture, and <br />neither Party has the authority to bind the other. <br />f. Nothing contained herein shall constitute a waiver by either Party of its <br />sovereign immunity or the provisions of Section 768.28, F.S, Nothing <br />herein shall be construed as consent by either Party to be sued by third <br />parties. <br />Page 2 of 4 <br />32 <br />