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without limitation, the United States Army Corps of Engineers, St. Johns River Water Management District, and Florida Inland Navigation District. Subject to obtaining all applicable and cost effective permits, the County shall bid, and cause the design and construction of, the mangrove polishing systems. The parties acknowledge and agree that Projects A-4, A-51 A-6, and A-7 shall be completed prior to the commencement of construction of Projects A-12 and B-3. Upon the installation of Projects A-12 and B-3, the County shall maintain such mangrove polishing systems at no cost to the District. The District does hereby grant to the County a right of access on, over, and across the District's rights of way for the useful life of the structures and mangrove polishing systems herein described for purposes of construction, operation, maintenance, and repair of said structures and mangrove polishing systems. This provision shall survive the expiration or sooner termination of this Agreement and the grant of such access shall be for the useful life of each structure and the associated mangrove polishing system installed by the County. 4. Unless otherwise terminated as provided herein, this Agreement shall have a term commencing on the Effective Date first set forth above and ending on August 19, 2013. Thereafter, this Agreement shall automatically renew on the same terms and conditions, for one (1) renewal term of ten (10) years. At the end of the renewal term, the parties shall renegotiate the terms of this Agreement. In the event either party desires to terminate this Agreement at any time during the initial term or any successive term, the party seeking to terminate the Agreement must provide at least ninety (90) days prior written notice to other party. The obligations of the County and the District under this Agreement are subject to the availability of funds lawfully appropriated for its purposes by each of the Indian River County Board of County Commissioners and the Board of Supervisors of the Indian River Farms Water Control District. 5. This Agreement may be amended only by written agreement of the parties. A party requesting an amendment of this Agreement must propose such amendment in writing to the other party at least ninety (90) days prior to the proposed effective date of the amendment. 6. The laws of the State of Florida shall govern all aspects of this Agreement. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Nineteenth Judicial Circuit for claims under state law and in the Southern District of Florida for any claim that is justiciable in federal court. Solely to the extent permitted by Florida law, and in no event greater than the limits set forth in Florida Statutes section 768.28, the County hereby indemnifies the District and its officers and employees against all claims, losses, and liabilities (specifically excluding attorneys' fees and expenses) caused solely by the negligent acts or omissions of the County, its employees, and elected officials arising out of, under, or in connection with, the County's performance under this Agreement. Nothing contained herein shall be deemed or construed to provide, directly or indirectly, an indemnity from the County for any negligent acts or omissions of the District, its agents and employees arising out of, under, or in connection with this Agreement. Solely to the extent permitted by Florida law, and in no event greater than the limits set forth 0 0 �o C7% N uD O to