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<br />8. Agency: Agent represents Owner. Agent shall function as an independent contractor, as <br />that tellll is used and defincd in Sections 856, 857 and 858 of the Internal Re\Cnlle Code of 195-1, as <br />amended, and the regulations promulgated thereunder. Nothing contained in this ^greemcnt or in the <br />relationship of Agent and Owner shall constitute a pal1ncrship, joint venture, or any relationship other than <br />the relationship defined by this Agreement. Agent's 3uthority is limited to perfollning the services set forth <br />here in accordnnce with the tefms of this Agreement. The use of the term "agent"' in this document or any <br />other documellt or sign shall have no legal effect of the relationship of the par1ies. <br />9. Listing Price: The listing price for thc Property shall be determincd by the City's appraiser. <br />10. Notiee: All notices and demands that are required to be gi\'en by either party to the othcr <br />shall be in writing. All notices and demands shall be sent by hand delivery, facsimile transmission, <br />commercial overnight carrier, or United States certified or registered mail, postage prepaid, addressed as <br /> <br />follows: <br /> <br />Owner: <br /> <br />The City of Casselberry <br />95 Triplet Lake Drive <br />Casselberry, FL 32707 <br />Al1ention: Michael L. Stampller <br /> <br />Agent: <br /> <br />Realvest Paltners, Inc. d/b/a NAI Realvest <br />2200 Lucien Way, Suite 350 <br />Maitland, FL 32751-70]9 <br />Al1ention: Stephan Neveleff <br /> <br />Notices shall be considered served upon the par1y to whom addressed upon delivery if received <br />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 <br />(3) days after deposit in the U.S. Mail. Either party may change its address by giving wril1en notice of <br />change to the other party. <br />II. Indemnification: To the extent allowcd by law, Owner will indemnify Agent and hold <br /> <br />Agent hall11less from losses, damages, costs and expenses of any nature, including al1orney's fees, and from <br /> <br />liability to any person, that Agent incurs bec3use of (I) Owner's negl igence, reprcsentations, <br /> <br />misrepresentations, actions or inactions, (2) the L1SC of a lock box, (3) the existence of undisc lased material <br /> <br />facts about the Property, or (4) a court or arbitration decision that a hroker who was not compensated in <br /> <br />connection with a transaction is entitled to compensation from Agent. This Clause will survive Agent's <br /> <br />performance and the transfer of title. This indemnity provision is not intended as a waiver of Owner's <br /> <br />common law right of sovereign immunity, as adopted in Fla. Stat.9 2.01. The limited waiver of sovereign <br /> <br />immunity set forth in Fla. Stat. 9768.28 for tort actions brought against Owner shall be applicable to any <br /> <br />v <br />