§ 8. Miscellaneous.

(a)

This franchise agreement shall be governed and construed in accordance with the statutes and laws of the State of Florida.

(b)

In the event that suit shall be brought by either TWEAN or the city, TWEAN and the city agree that venue shall be exclusively vested in the Orange County Circuit Court, or, where otherwise appropriate, exclusively in the United States District Court for the Middle District of Florida.

(c)

Unless otherwise expressly stated herein, notices required hereunder shall be mailed first class, postage prepaid, or sent overnight delivery to the addressees below. Each party may change its designee by providing written notice to the other party.

(1)

Notices to TWEAN shall be mailed to:

Office of Public Affairs & Government Relations
2251 Lucien Way
Maitland, FL 32751

with copies to:

(2)

Notices to the City shall be mailed to:

City Manager
251 W. Plant Street
Winter Garden, FL 34787

with copies to:

City Attorney
251 W. Plant Street
Winter Garden, Florida 34787

(d)

Unless otherwise indicated, when the performance or doing of any act, duty, matter or payment is required hereunder and a period of time or duration for the completion thereof is prescribed and is fixed herein, the time shall be computed so as to exclude the first and include the last day of the prescribed or fixed period of duration/time.

(e)

The captions and headings of this franchise agreement are for convenience and reference purposes only and shall not affect in any way the meaning and interpretation of any provisions of this franchise agreement.

(f)

This franchise may be amended only by agreement of the city and TWEAN.