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defense or response to any such claim to the extent it could affect the Indemnified Parties <br />financially. Only those matters which are determined by a final, nonappealable judgment to be the <br />result of the negligence of the Indemnified Parties or the negligence of a third party who is not an <br />agent, employee, invitee, or subcontractor of Halley shall be excluded from Halley's duty to <br />indemnify the Indemnified Parties, but only to the extent of negligence of the Indemnified Parties <br />or such third party. For purposes of this indemnification, "claims" shall mean and include all <br />obligations, actual and consequential damages and costs reasonably incurred in the defense of any <br />claim against the Indemnified Parties, including, but not limited to attorneys' and expert witness <br />fees, costs of investigation and proof of facts, court costs, other litigation expenses, and travel and <br />living expenses. The Indemnified Parties shall have the right to defend any such claim against it <br />in such manner as the Indemnified Parties deems appropriate or described in its sole discretion. <br />14. Liability for Damage or Injury <br />The County nor SWDD shall not be liable for any damage or injury which may be sustained by <br />any party or persons on the Premises other than the damage or injury caused solely by the <br />negligence of the County or SWDD. <br />15. Notice <br />Any notices which either party may desire to give to the other party under this Agreement must <br />be in writing and may be given by either (i) personal service; (ii) delivery by a reputable document <br />delivery service, such as but not limited to, Federal Express, that provides a receipt showing the <br />date and time of delivery; or (iii) mailing in the United States Mail, certified mail, postage prepaid, <br />return receipt requested, addressed to the address of the party as set forth below or at any other <br />address as that party may later designate by written notice to the other party: <br />If to SWDD: <br />With a Copy to: <br />County Administrator County Attorney <br />1801 27th Street 1801 27th Street <br />Vero Beach, FL 32960 Vero Beach, FL 32960 <br />SWDD Lease with HEC - Final 09-26-23 <br />Page 6 of 12 <br />