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SECTION 7. INDEMNIFICATION. To the extent allowed by law- and subject to the limitations of Section 768.28 Florida Statutes and any subsequent revision thereto, the City shall indemnify, defend, and hold harmless the County, its commissioners, officers, agents, and employees from and against all liability, claims, suits, costs, and attorney fees in any manner resulting from or arising out of the use of the sidewalk transmitted to the County under the terms of this Agreement. Nothing in this Agreement shall be construed as a waiver or attempted waiver of immunity from, or limitations of, liability the City or the County has under the Doctrine of Sovereign Immunity under the Florida Constitution and Florida Statutes, including but not limited to Section 768.28 Florida Statutes, as amended. SECTION 8. DURATION, TERMINATION, AND MODIFICATION. (a) Prior to construction of the sidewalk within the County right-of-way, this Agreement may be terminated by the City or County upon ninety (90) days notice to the other party. (b) After construction of the sidewalk and receipt by County of the as -built survey and Engineer's certification, this Agreement will remain in full force and may not be terminated until the useful life of the sidewalk has been exhausted, which for the purposes of this Agreement shall be 20 years. (c) This Agreement may be modified at any time by the mutual consent of the parties and in the same manner as its original adoption. SECTION 9. NOTICE. (a) Unless specified by a party in writing otherwise, all notices, demands, or other papers required to be given or made by this Agreement, or which may be given or made, by either party to the other, will be given or made in writing and addressed as follows: If to the City: City Clerk, City of Fellsmere 22 S. Orange Street Fellsmere, Florida 32948 If to the County: County Administrator, Indian River County 1801 27th Street Vero Beach, Florida 32960 (b) The parties will consider notice to be properly given if (1) personally delivered; (2) sent by certified U.S. Mail, return receipt requested; or (3) sent by an overnight letter delivery company (c) The parties will consider the effective date of notice to be the date personally delivered; or, if sent by U.S. Mail, the date of postmark; or, if sent by an overnight letter delivery company, the date the notice was picked up by the overnight letter delivery company from the party giving notice. Page 3 of 5 April 17, 2014