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applicable governmental laws, ordinances, rules and regulations while using the Encroachment Area for the purposes granted herein. b. FPL will repair any damage to the Encroachment Area if the Encroachment area is damaged during the term of this Agreement,, unless such damage is caused by the County's negligence or misconduct. C. Except as to the Encroachment, FPL shall not construct any additional improvements of any kind within the confines of the Encroachment Area. d, Notwithstanding the forgoing, in the event the Encroachment is destroyed or damaged or in need of replacement, now or in the future at any time, the replacement Encroachment may only be installed or constructed in the same location as the current Encroachment. 3. Future Countmprovements.. The Parties hereby acknowledge and agree that, in the future, the County may need to pave, expand awlAw improve the Encroachment Area in connection with a County public right-of-way project ("Future improvement"), and that the County's construction of such Future Improvement may conflict with, and in the ordinary course would require the relocation of the Encroachment. However, both Parties recognize that relocation of the Encroachment may not be practicable given the nature of the Encroachment. Should the County's need for improvement or construction of any Future Improvement occur which presents a conflict with FPL's Encroachment, and FPL is not able or willing to relocate or alter its Encroachment to resolve the conflict, then FPI, agrees to pay the County the incremental actual and reasonable costs incurred by the County to design and construct its Future Improvement so as to avoid the conflict with FPL's Encroachment that otherwise would not have been incurred, whereupon FPL shall pay the County within sixty (60) days after receipt from the County of an invoice for those incremental costs; provided, however, in no event shall incremental cost exceed $50,000.00 without the prior written consent of FPL. . 4. No Ownership. FPL acknowledges and agrees that it shall not have any ownership interest in and to the Encroachment Area or the County Property by virtue of this Agreement. 5. Termination. The County may terminate this Agreement at any time upon at least one (I) year's prior written notice to FPL. FPL may terminate this Agreement at any time upon at least thirty (30) days' prior written notice to the County. 6. Removal, Restoration. Upon the termination offts Agreement, upon the County's written request, FPL shall remove the Encroachment and restore the Encroachment Area, normal wear and tear excepted. 7. Liability and Indemnification. The County shall in no way, be liable or responsible for any accident or damage that may occur in conjunction with any of the activities described in this Agreement, unless caused by the County's negligence or misconduct. FPL shall defend, hold harmless and indemnify the County with respect to any and all actions, causes of action, liabilities, losses, damages or expenses (including reasonable attorneys' fees) arising out of or relating to any negligence, intentional misconduct, breach of this Agreement or breach of applicable law by FPL Page 2 117