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11 . Captions; Construction . Captions in this Agreement are included for <br /> convenience only and are not to be considered in any construction or interpretation of this <br /> Agreement or any of its provisions . Unless the context indicates otherwise , words <br /> importing the singular number include the plural number , and vice versa . Words of any <br /> gender include the correlative words of the other genders , unless the sense indicates <br /> otherwise . <br /> 12 . Availability of Funds . The District acknowledges and agrees that the <br /> obligations of the County under this Agreement are subject to the availability of funds <br /> lawfully appropriated for its purpose by the Board of County Commissioners of Indian River <br /> County and to receipt of the Project Funds under the Florida Department of Environmental <br /> Protection ( FDEP) Grant Agreement( s) . The District further acknowledges and agrees that <br /> this Agreement is terminable by the County in the event that the County is notified by <br /> FDEP that FDEP will not provide funding to the County under the FDEP Grant <br /> Agreement(s) . In such event , the County shall provide written notice to the District stating <br /> that this Agreement is terminated , and thereupon this Agreement shall be deemed <br /> terminated with no further obligation of the parties to each other hereunder . <br /> 13 . Issuance of Permits. The District acknowledges and agrees that the <br /> obligations of the County under this agreement are subject to the issuance of applicable <br /> permits from the Florida Department of Environmental Protection and the US Army Corps <br /> of Engineers . The District further acknowledges and agrees that this agreement is <br /> terminable by the County in the event that the applicable permits are not granted . In such <br /> event , the County shall provide written notice to the District stating that this Agreement is <br /> terminated , and thereupon the Agreement shall be deemed terminated with no further <br /> obligation of the parties to each other hereunder . <br /> 14 . Sovereign Immunity. Each party to this Agreement is responsible for all injury <br /> and property damage attributable to the negligent acts or omissions of that party and the <br /> officers , employees and agents thereof. In addition , each party is subject to the provisions <br /> of Florida Statutes section 768 . 28 (2005 ) . <br /> 15 . No Waiver. The failure of either party at any time to require performance by the <br /> other party of any provision hereof shall in no way affect the right of either party thereafter to <br /> enforce the same . No waiver by either party of any breach of any provision hereof shall be <br /> taken or held to be a waiver of any succeeding breach of such provision or as a waiver of any <br /> provision itself. <br /> 16 . Counterparts . This Agreement may be executed in any number of <br /> counterparts , each of which shall be deemed an original and all of which shall constitute <br /> but one and the same document . <br /> 17 . Term . Subject to early termination as set forth in this Agreement , this <br /> Agreement shall commence on the Effective Date and shall remain in effect for a period of <br /> three (3) years from the Effective Date of the Agreement , unless extended upon mutual <br /> agreement of the parties . <br /> 4 <br />