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40 . Each party hereto agrees that it shall be solely responsible for the wrongful acts of its employees and agents . However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of section 768 .28 , Florida Statutes . 41 . The PROJECT AGREEMENT has been delivered in the State of Florida and shall be construed in accordance with the laws of Florida . Wherever possible , each provision of this PROJECT AGREEMENT shall be interpreted in such manner as to be effective and valid under applicable Florida law, but if any provision of this PROJECT AGREEMENT shall be prohibited or invalid under applicable Florida law , such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this PROJECT AGREEMENT . Any action hereon or in connection herewith shall be brought in Leon County, Florida unless prohibited by applicable law . 42 . No delay or failure to exercise any right, power or remedy accruing to either party upon breach or default by either party under this PROJECT AGREEMENT shall impair any such right, power or remedy of either party; nor shall such delay or failure be construed as a waiver of any such breach or default , or any similar breach or default thereafter. 43 . This PROJECT AGREEMENT is not intended nor shall it be construed as granting any rights , privileges or interest to any third party without mutual written agreement of the parties hereto . 44 . This PROJECT AGREEMENT is an exclusive contract and may not be assigned in whole or in part without the prior written approval of the DEPARTMENT . 45 . This PROJECT AGREEMENT represents the entire agreement of the parties . Any alterations , variations , changes , modifications or waivers of provisions of this PROJECT AGREEMENT shall only be valid when they have been reduced to writing , in the form of an Amendment duly executed by each of the parties hereto , and attached to the original of this PROJECT AGREEMENT . REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. F8138, Page 9 of 10 DEP 55-231 (05/07)