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in Florida Statutes section 768.28, the District hereby indemnifies the County 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 District, its employees, and elected officials arising out of, under, or in connection with, the District's performance under this Agreement. Nothing contained herein shall be deemed or construed to provide, directly or indirectly, an indemnity from the District for any negligent acts or omissions of the County, its agents and employees arising out of, under, or in connection with this Agreement. 7. This Agreement incorporates and includes all prior and contemporaneous negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this Agreement that are not contained in this Agreement. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior or contemporaneous representations or agreements, whether oral or written. 8. If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be held invalid or unenforceable for the remainder of this Agreement, then the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be affected, and every other term and provision of this Agreement shall be deemed valid and enforceable to the extent permitted by law. 9. This Agreement shall become effective upon execution by both parties and filing with the Clerk of the Circuit Court for Indian River County. 10. Any notice, request, demand, consent, approval or other communication required or permitted by this Agreement shall be given or made in writing and shall be served (as elected by the party giving such notice) by any of the following methods: (i) hand delivery; (ii) delivery by commercial overnight courier service; (iii) mailed by registered or certified mail (postage prepaid), return receipt requested; or (iv) faxed. Notice given in accordance with the provisions of this paragraph shall be deemed to be delivered and effective on the date of hand delivery or on the second day after the date of the deposit with an overnight courier or on the date upon which the return receipt is signed or delivery is refused or the notice is designated by the postal authorities as not delivered if mailed. Facsimile transmission is effective when received, provided, however, that facsimile transmissions received (i.e. printed) after 5:00 p.m. or on weekends or holidays, will be deemed received on the next day that is not a weekend day or a holiday. Changes in the respective address to which such notice is to be directed may be made from time to time by written notice. For purposes of notice the addresses are as follows: lei a N c-� 0 U7 vv - J