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A TRUE COPY
<br />CERTIFICATION ON LAST PAGE
<br />RYAN L. BUTLER, CLERK
<br />Notwithstanding any termination of this Agreement, Town's obligations pursuant to Paragraph 4
<br />shall continue until such time as County repeals the ordinance establishing the Anchoring Limitation
<br />Areas or as determined by the Town not maintaining or enforcing the ALA. In addition, if County
<br />does not enact an ordinance designating the Anchoring Limitation Areas within one (1) calendar
<br />year after the Effective Date, this Agreement will automatically terminate at that time without the
<br />requirement of further action by either Party.
<br />9. Sovereign Immunity. Except to the extent sovereign immunity may be deemed waived by
<br />entering into this Agreement, nothing in this Agreement is intended to serve as a waiver of sovereign
<br />immunity by any Party nor shall anything included herein be construed as consent by either Party
<br />to be sued by third parties in any matter arising out of this Agreement or any other contract. Each
<br />Party is a state agency or political subdivision as defined in Section 768.28, Florida Statutes, and
<br />shall be fully responsible for the acts and omissions of its agents or employees to the extent required
<br />by applicable law.
<br />To the greatest extent permitted under Florida law, Town shall indemnify, hold harmless, and defend
<br />County and all of County's current, past, and future officers, agents, and employees (collectively,
<br />"Indemnified Party") from and against any and all causes of action, demands, claims, losses,
<br />liabilities, and expenditures of any kind, including attorneys' fees, court costs, and expenses,
<br />including through the conclusion of any appellate proceedings, raised or asserted by any person or
<br />entity not a party to this Agreement, and caused or alleged to be caused, in whole or in part, by any
<br />breach this Agreement by Town, or by any negligent act or omission of Town, its officers, employees,
<br />or agents, arising from, relating to, or in connection with this Agreement (collectively, a "Claim"). If
<br />any Claim is brought against an Indemnified Party, Town shall, upon written notice from County,
<br />defend each Indemnified Party with counsel satisfactory to County or, at County's option, pay for an
<br />attorney selected by County Attorney to defend the Indemnified Party. The obligations of this section
<br />shall survive the expiration or earlier termination of this Agreement.
<br />10. No Partnership or Other Benefits. Nothing in this Agreement shall constitute or create a
<br />partnership, joint venture, or any other relationship between the Parties. At no time shall Town nor
<br />its agents act as officers, employees, or agents of County. Town shall not have the right to bind
<br />County to any obligation not expressly undertaken by County under this Agreement.
<br />11. Contract Administrator Authority. Each of the Parties' respective Contract Administrators are
<br />authorized to coordinate and communicate with each other to manage and supervise the
<br />performance of this Agreement, including the exercise of ministerial authority in connection with the
<br />day-to-day management of this Agreement.
<br />12. Public Records. Each of the Parties is a public entity required to comply with Florida's
<br />Public Records Act, and each shall fulfill all required obligations under Chapter 119, Florida
<br />Statutes. To the extent Town is acting on behalf of County as stated in Section 119.0701, Florida
<br />Statutes, Town shall:
<br />12.1. Keep and maintain public records required by County in the performance of its
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