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Book 9182 Page 712 <br />Instrument# 2018087497 <br />brought in stlate courts shall be Seminole County, Florida. The venue for any action <br />brought in Federal Court shall be in the Middle District of Florida, Orlando Division. <br />17. SOVEREIGN IMMUNITY. Notwithstanding any other provision set forth in <br />this Agreement, nothing contained in this Agreement shall be construed as a waiver of <br />the City's right of sovereign immunity under Section 768.28, F.S., or other limitations <br />imposed on the City's potential liability under state or federal law. As such, the City <br />shall not be liable under this Agreement for punitive damages or interest for the period <br />before judgment. Further, the City shall not be liable for any claim or judgment or portion <br />thereof, to any one person for more than two hundred thousand dollars ($200,000.00), <br />or any claim 'or judgment, or portion thereof, which, when,totaled with all other claims or <br />judgments paid by the State or its agencles and subdivisions arising out of the same <br />incident or , occurrence, exceeds the sum of three- hundred thousand dollars <br />($300,000:00). This paragraph shall survive termination of this Agreement. <br />18. ENTIRE AGREEMENT: EXHIBITS.. This Agreement and all attached <br />exhibits hereto constitute the entire agreement between the parties and supersedes all <br />prior oral or written agreements. The exhibits attached hereto and referenced herein are <br />hereby fully incorporated herein by this reference. <br />19. -EFFECTIVE DATE. This Agreement shall become effective upon approval <br />by the City Commission and execution of this Agreement'by both parties hereto. <br />20. RELATIONSHIP OF THE PARTIES. The relationship of the parties to this <br />Agreement is contractual and Developer is an independent contractor and not an agent <br />of the City. Nothing herein shall be deemed to create a joint venture or principal -agent <br />relationship between the parties, and neither party is authorized to, nor shall either party <br />act toward third persons or the parties, in any manner which would indicate any such <br />relationship with the other. <br />21. INTERPRETATION. The parties hereby agree and acknowledge that they <br />have both participated equally in the drafting of this Agreement and no party shall be <br />favored or disfavored regarding the interpretation to this Agreement in the event of a <br />dispute between the parties. <br />22. ATTORNEY'S FEES. in connection with any litigation arising out of this <br />Agreement, the prevailing party shall be entitled to recover reasonable attorney's fees <br />and costs through all appeals, to the extent permitted by law. <br />23. , FORCE MAJEURE. Neither party shall be considered in default in <br />performance, of its obligations hereunder to the extent that performance of such <br />obligations, or any of them, is delayed or prevented by force majeure. Force majeure <br />shall include; but not be limited to, hostility, terrorism, revolution, civil commotion, strike, <br />epidemic, fir6, flood, wind, earthquake, explosion, any law, proclamation, regulation, or <br />ordinance or other act of government, or any act of God or any cause whether of the <br />same or different nature, existing or future; provided that the cause whether or not <br />.Page 6 <br />