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DocuSign Envelope ID: E7A44AF4-FFF1.11F28-869E-E8335C7E3890 4If, age (collectively "Indemnifying Party"), from and against all claims, suits, or causes of action and orders, judgments or decrees which may be entered thereon, arising during the term of this Agreement, for any personal injury, loss of life, damage to property or any other liability, loss, cost or expense of any kind, including court costs and attorney's fees at all level of proceedings including appellate level, which may arise out of, result from, or relate to the Indemnifying Party's negligent acts or omissions in the exercise of any right or discharge of any obligation provided for in this Agreement. This waiver, release and indemnity shall be construed to the broadest extent permissible under Florida law. This provision for waiver, release, hold harmless, indemnity and defense shall survive this Agreement. Nothing in this Agreement shall be construed by either Party as a waiver of sovereign immunity beyond the limits of partial waiver of sovereign immunity as provided by Florida Statutes Section 768.28, as amended. (ii.). Federal Agencies Only: The Participating/Public Agency is responsible, under the terms of the Federal Tort Claims Act (FTCA), 28 U.S.C. 1346(b), 2671-2680, or the Military Claims Act (MCA), 10 U.S.C.§ 2733, as applicable, to the City of Hialeah and any third parties for any injury to persons or damage to property proximately caused by the acts or omissions of Participating/Public Agency agents, employees, or personnel acting within the scope of their employment. The City of Hialeah or injured third parties may use the FTCA or MCA to recover losses caused as a result of the training exercises that are not repaired or compensated adequately in the discretion and satisfaction of the City by the Participating/Public Agency using other means. The FTCA provides a means of recovery for damages or injuries caused by military personnel conducting noncombat activities, including training, that are not the result of negligent acts. In no case will the Participating/Public Agency's liability exceed that allowable under applicable law, including the FTCA and MCA. In consideration for the use of the Shoot House, the Participating/Public Agency agrees, within the limits and procedures set forth in the FTCA and