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<br />";. . <br /> <br />To City, <br />FDOT Turnpike, <br />FDOT District: <br />City of Sunny Isles Beach <br />17070 Collins Avenue <br />Suite 250 <br /> <br />Sunny Isles Beach, Florida 33160 <br /> <br />Attn: Christopher J. Russo <br /> <br />City Manager <br /> <br />Performance bv Parties Except as otherwise provided in this Agreement, in the event <br />of any dispute arising over the provisions of this Agreement, the parties shall proceed <br />with the timely performance of their obligations during the pendency of any legal or other <br />similar proceedings to resolve such dispute. <br /> <br />Ri2hts of Others Nothing in the Agreement expressed or implied is intended to confer <br />upon any person other than the parties hereto any rights or remedies under or by reason of <br />this Agreement. <br /> <br />Time is of Essence It is mutually agreed that time is of the essence in the performance <br />of all terms and conditions to be met and performed pursuant to this Agreement. <br /> <br />Governin2 Law This Agreement shall be governed by and construed in accordance with <br />the laws of the State of Florida. The COUNTY, CITIES, FDOT DISTRICT and <br />FDOT TURNPIKE agree to submit to service of process and jurisdiction of the State of <br />Florida for any controversy or claim arising out of or relating to this Agreement or a <br />breach of this Agreement. Venue for any court action between the parties for any such <br />controversy arising from or related to this Agreement shall be in the Eleventh Judicial <br />Circuit in and for Miami-Dade County, Florida, or in the United States District Court for <br />the Southern District of Florida, in Miami-Dade County, Florida. <br /> <br />Section V <br />Indemnification <br /> <br />The COUNTY, CITIES, FDOT DISTRICT and FDOT TURNPIKE do hereby agree <br />to indemnify and hold harmless each other to the extent and within the limitations of <br />Section 768.28 Fla Stat., subject to the provisions of that Statute whereby the COUNTY, <br />CITIES, FDOT DISTRICT or FDOT TURNPIKE shall not be held liable to pay a <br />personal injury or property damage claim or judgment by anyone person which exceeds <br />the'sum of $100,000, or any claim or judgments or portions thereof, which, when totaled <br />with all other occurrence, exceeds the sum of $200,000 from any and all personal injury <br />or property damage claims, liabilities, losses and causes of action which may arise solely <br />as a result of the negligence of the COUNTY, CITIES, FDOT DISTRICT or FDOT <br />TURNPIKE. However, nothing herein shall be deemed to indemnify the entity from any <br />liability or claim arising out of the negligent performance or failure of performance of the <br />entity or any unrelated third party <br /> <br />4 <br />