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11. Captions; Construction. Captions in this Agreement are included for convenience only and are not to be considered in any construction or interpretation of this Agreement or any of its provisions. Unless the context indicates otherwise, words importing the singular number include the plural number, and vice versa. Words of any gender include the correlative words of the other genders, unless the sense indicates otherwise. 12. Availability of Funds. The District acknowledges and agrees that the obligations of the County under this Agreement are subject to the availability of funds lawfully appropriated for its purpose by the Board of County Commissioners of Indian River County and to receipt of the Project Funds under the Florida Department of Environmental Protection (FDEP) Grant Agreement(s). The District further acknowledges and agrees that this Agreement is terminable by the County in the event that the County is notified by FDEP that FDEP will not provide funding to the County under the FDEP Grant Agreement(s). In such event, the County shall provide written notice to the District stating that this Agreement is terminated, and thereupon this Agreement shall be deemed terminated with no further obligation of the parties to each other hereunder. 13. Issuance of Permits. The District acknowledges and agrees that the obligations of the County under this agreement are subject to the issuance of applicable permits from the Florida Department of Environmental Protection and the US Army Corps of Engineers. The District further acknowledges and agrees that this agreement is terminable by the County in the event that the applicable permits are not granted. In such event, the County shall provide written notice to the District stating that this Agreement is terminated, and thereupon the Agreement shall be deemed terminated with no further obligation of the parties to each other hereunder. 14. Sovereign Immunity. Each party to this Agreement is responsible for all injury and property damage attributable to the negligent acts or omissions of that party and the officers, employees and agents thereof. In addition, each party is subject to the provisions of Florida Statutes section 768.28 (2005). 15. No Waiver. The failure of either party at any time to require performance by the other party of any provision hereof shall in no way affect the right of either party thereafter to enforce the same. No waiver by either party of any breach of any provision hereof shall be taken or held to be a waiver of any succeeding breach of such provision or as a waiver of any provision itself. 16. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and all of which shall constitute but one and the same document. 17. Term. Subject to early termination as set forth in this Agreement, this Agreement shall commence on the Effective Date and shall remain in effect for a period of three (3) years from the Effective Date of the Agreement, unless extended upon mutual agreement of the parties.