06-1660 NAI Realvest Broker Agreement

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8. Agency: Agent represents Owner. Agent shall function as an independent contractor, as that term is used and defined in Sections 856, 857 and 858 of the Internal Revenue Code of 1954, as amended, and the regulations promulgated thereunder. Nothing contained in this Agreement or in the relationship of Agent and Owner shall constitute a partnership, joint venture, or any relationship other than the relationship defined by this Agreement. Agent's authority is limited to performing the services set forth here in accordance with the terms of this Agreement. The use of the terrn "agent" in this document or any other document or sign shall have no legal effect of the relationship of the parties. 9. Listing Price: The listing price for the Property shall be determined by the City's appraiser. 10. Notice: All notices and demands that are required to be given by either party to the other shall be in writing. All notices and demands shall be sent by hand delivery, facsimile transmission, commercial overnight carrier, or United States certified or registered mail, postage prepaid, addressed as follows: Owner: The City of Casselberry 95 Triplet Lake Drive Casselberry, FL 32707 Attention: Michael L. Stampfler Agent: Realvest Partners, Inc. d/b/a NAI Realvest 2200 Lucien Way, Suite 350 Maitland, FL 32751-7019 Attention: Stephan Neveleff Notices shall be considered served upon the party to whom addressed upon delivery if received before 5:00 p.m., or as of the next day if received after 5:00 p.m., unless mailed, in which event within three (3) days after deposit in the U.S. Mail. Either party may change its address by giving written notice of change to the other party. 11. Indemnification: To the extent allowed by law, Owner will indemnity Agent and hold Agent harmless from losses, damages, costs and expenses of any nature, including attorney's fees, and from liability to any person, that Agent incurs because of (I) Owner's negligence, representations, misrepresentations, actions or inactions, (2) the use of a lock box, (3) the existence of undisclosed material facts about the Property, or (4) a court or arbitration decision that a broker who was not compensated in connection with a transaction is entitled to compensation from Agent. This Clause will survive Agent's performance and the transfer of title. This indemnity provision is not intended as a waiver of Owner's common law right of sovereign immunity, as adopted in Fla. Staq 2.01. The limited waiver of sovereign immunity set forth in Fla. Stat. 9768.28 for tort actions brought against Owner shall be applicable to any tfI/ 3