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of liability as set forth in Section 768.28 Florida Statutes, provided that the payment of said claim(s) shall be further limited to the actual amount of insurance proceeds paid for such claim(s). Nothing in this Consent shall be construed as consent by the City and/or the Holder to be sued by third parties in any matter whether arising out of this Consent or anything else whatsoever. 4. Severability. If any term, condition, or provision in this Consent is found to be invalid, unlawful or unenforceable to any extent, the parties shall endeavor in good faith to agree to such amendments that will preserve, as far as possible, the intentions expressed in this Consent. If the parties fail to agree on such an amendment, such invalid term, condition or provision will be severed from the remaining terms, conditions and provisions, which will continue to be valid and enforceable to the fullest extent permitted by law. 5. Entire Agreement. This Consent (including the Exhibits and any addenda hereto signed by all parties) contains the entire agreement of the parties with respect to the subject matter of this Consent and supersedes all previous communications, representations, understandings and agreements, either oral or written, between the parties with respect to said subject matter. 6. Permitting. Nothing herein shall be interpreted or construed to exempt or absolve the City or any other person or entity from the County's permitting requirements in connection with the Project Area. 7. Legal Description. This Consent is not the County's verification of the accuracy of the Project Area legal description. IN WITNESS WHEREOF, the parties have executed this Consent on the date(s) indicated below. CITY OF FELLSMERE INDIAN RIVER COUNTY, FLORIDA By: By: Jessica Salgado, Mayor Joseph E. Flescher, Chairman ATTEST: Ryan Butler, Clerk of Court and Comptroller Un Deputy Clerk Approved as to form and legal sufficiency. Lo Jennifer W. Shuler, County Attorney 97