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<br />the five year NPDES MS4 Operating Permit. Failure to pay the agreed-upon lump sum payment or subsequent
<br />payments shall be deemed default by the CITY pursuant to this Agreement, and shall result in a reversion of the
<br />CITY's NPDES MS4 Operating Permit status to Individual Permit Holder. The proportional share of each co-
<br />permittee has been calculated and is listed on Attachment liB".
<br />
<br />Access/City Permits The CITY shall provide the COUNTY with reasonable access at all times as necessary to
<br />accomplish the analysis of any storm sewer systems which may be located within the CITY's jurisdiction.
<br />The CITY shall obtain any CITY permits and CITY regulatory approvals required in order for the COUNTY
<br />to accomplish the above activities that may be located within the CITY's jurisdiction.
<br />
<br />Section VI
<br />Indemnification
<br />
<br />The CITY shall indemnify and hold harmless the COUNTY and its officers, employees, agents and
<br />instrumentalities from any and all liability, losses or damages, including attorney's fees and costs of defense,
<br />which the COUNTY or its officers, employees, agents or instrumentalities may incur as a result of claims,
<br />demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting
<br />from the performance of this Agreement by the CITY or its employees, agents, servants, partners, principals or
<br />subcontractors. The CITY shall pay all claims and losses in connection therewith and shall investigate and
<br />defend all claims, suits or actions of any kind or nature in the name of the COUNTY, where applicable,
<br />including appellate proceedings, and shall pay all costs, judgements and attorney's fees which may issue
<br />thereon. Provided, however, this indemnification shall only be to the extent and within the limitations of
<br />Section 768.28 Fla Stat., subject to the provisions of that Statute whereby the CITY shall not be held liable to
<br />pay a personal injury or property damage claim or judgement by anyone person which exceeds the sum of
<br />$100,000, or any claim or judgement or portions thereof, which, when totaled with all other claims or
<br />judgement paid by the CITY arising out of the same incident or occurrence, exceed the sum of $200,000 from
<br />any and all personal injury or property damage claims, liabilities, losses or causes of action which may arise as
<br />a result of the negligence of the CITY.
<br />
<br />The COUNTY shall indemnify and hold harmless the CITY and its officers, employees, agents and
<br />instrumentalities from any and all liability, losses or damages, including attorney's fees and costs of defense,
<br />which the CITY or its officers, employees, agents or instrumentalities may incur as a result of claims) demands,
<br />suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the
<br />performance of this Agreement by the COUNTY or its employees, agents, servants, partners, principals or
<br />subcontractors. The COUNTY shall pay all claims and losses in connection therewith and shall investigate and
<br />defend all claims, suits or actions of any kind or nature in the name of the CITY, where applicable, including
<br />appellate proceedings, and shall pay all costs, judgements and attorney's fees which may issue thereon.
<br />Provided, however, this indemnification shall only be to the extent and within the limitations of Section 768.28
<br />Fla Stat., subject to the provisions of that Statute whereby the COUNTY shall not be held liable to pay a
<br />personal injury or property damage claim or judgement by anyone person which exceeds the sum of$100,000,
<br />or any claim or judgement or portions thereof, which, when totaled with all other claims or judgement paid by
<br />the COUNTY arising out of the same incident or occurrence, exceed the sum of $200,000 from any and all
<br />personal injury or property damage claims, liabilities, losses or causes of action which may arise as a result of
<br />the negligence of the COUNTY.
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