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and attorney's fees which may issue thereon. Provided, however, this indemnification shall only be to the
<br /> extent of and within the limitations of Section 768.28 Fla Stat., and subject to the provisions of that Statute
<br /> whereby the CO-PERMITTEE shall not be held liable to pay a personal injury or property damage claim or
<br /> judgment by any one person which exceeds the sum of $200,000, or any claim or judgement or portions
<br /> thereof, which, when totaled with all other claims or judgement paid by the CO-PERMITTEE arising out of
<br /> the same incident or occurrence, exceed the sum of $300,000 from any and all personal injury or property
<br /> damage claims, liabilities, losses or causes of action which may arise as a result of the negligence of the CO-
<br /> PERMITTEE. Provided further that any CO-PERMITTEE's liability hereunder shall be based on that CO-
<br /> PERMITEE's performance of this Agreement only, and no CO-PERMITTEE shall be liable for
<br /> indemnification based on another CO-PERMITTEE's performance of this Agreement.
<br /> The COUNTY shall indemnify and hold harmless the CO-PERMITTEE and its officers, employees, agents
<br /> and instrumentalities from any and all liability, losses or damages, including attorney's fees and costs of
<br /> defense, which the CO-PERMITTEE or its officers, employees, agents or instrumentalities may incur as a
<br /> result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating
<br /> to or resulting from the performance of this Agreement by the COUNTY or its employees, agents, servants,
<br /> partners, principals or subcontractors. The COUNTY shall pay all claims and losses in connection therewith
<br /> and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the CO-
<br /> PERMITTEE, where applicable, including appellate proceedings, and shall pay all costs, judgements and
<br /> attorney's fees which may issue thereon. Provided, however, this indemnification shall only be to the extent
<br /> and within the limitations of Section 768.28 Fla Stat., subject to the provisions of that Statute whereby the
<br /> COUNTY shall not be held liable to pay a personal injury or property damage claim or judgement by any one
<br /> person which exceeds the sum of$200,000, or any claim or judgement or portions thereof, which, when totaled
<br /> with all other claims or judgement paid by the COUNTY arising out of the same incident or occurrence,
<br /> exceed the sum of $300,000 from any and all personal injury or property damage claims, liabilities, losses or
<br /> .causes of action which may arise as a result of the negligence of the COUNTY.
<br /> Section VII
<br /> County Event of Default
<br /> Without limitation, the failure by the COUNTY to substantially fulfill any of its material obligations in
<br /> accordance with this Agreement, unless justified by Force Majeure, shall constitute a "COUNTY. event of
<br /> Default".
<br /> If a COUNTY event of default should occur, the CO-PERMITTEE shall have all of the following rights and
<br /> remedies which it may exercise singly or in combination:
<br /> 1. The right to declare that this Agreement together with all rights granted to COUNTY hereunder are
<br /> terminated, effective upon such date as is designated by the CO-PERMITTEE;
<br /> 2. Any and all rights provided under federal laws and the laws of the State of Florida.
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