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A TRUE COPY CERTIFICATION ON LAST PAGE RYAN L. BUTLER, CLERK b. Owner will repair any damage to the drainage pipe resulting from maintenance of the Encroachment during the term of this Agreement, unless such damage is caused by the County's negligence or misconduct. C. Except as to the Encroachment, Owner shall not construct any additional improvements of any kind within the confines of the Encroachment Area or the Easement. d. Notwithstanding the foregoing, in the event the Encroachment is destroyed or damaged and in need of replacement, now or in the future at any time, the Encroachment must be removed from the Easement and any replacement must be installed or constructed outside of the Easement. 3. Termination. The County may terminate this Agreement at any time upon at least one (1) year's prior written notice to Owner. Owner may terminate this Agreement at any time upon at least thirty (30) days' prior written notice to the County. 4. Removal; Restoration. Upon the termination of this Agreement, upon the County's written request, Owner shall remove the Encroachment and restore the Encroachment Area, normal wear and tear excepted. 5. 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. Owner 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 Owner in conjunction with any of the activities described in this Agreement, unless caused by the County's negligence or misconduct; provided, however, in no event shall Owner be liable for any consequential, special, exemplary, punitive, indirect or incidental losses or damages. This section shall survive the termination of this Agreement with respect to any acts or omissions occurring prior to the date of termination. 6. Complete Agreement. This Agreement represents the complete and integrated agreement of the Parties with respect to the subject matter herein and supersedes all prior oral or written agreements. 7. Choice of Law. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Florida. The Parties agree to first attempt to settle any dispute arising out of or in connection with this Agreement by good faith negotiation. If the Parties are unable to resolve amicably any dispute arising out of or in connection with this Agreement, each shall have all remedies available at law or in equity. 8. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the Parties hereto and their respective successors and assigns. Page 2