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whose assistance is sought shall evaluate the situation and the agency's available resources, consult with his/her supervisor(s) if necessary and will respond in a manner he/she deems appropriate. The agency head in whose jurisdiction assistance is being rendered may determine who is authorized to lend assistance in his/her jurisdiction, for how long such assistance is authorized and for what purpose such authority is granted. This authority may be granted either verbally or in writing as the particular situation dictates. GENERAL PROVISIONS SECTION 6. 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: City: City Manager City of Fellsmere 22 South Orange Street Fellsmere, FL 32948 with a copy to the City Attorney County: Indian River County Director of Public Works 180127 1h Street Vero Beach, Florida 32960-3365 with a copy to the County Attorney 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; or (4) sent by electronic means. For purpose of duration, termination or modification of this Agreement electric notification shall not be used. (b) 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 or if sent by electronic means the date sent with proof of sending. SECTION 7. INDEMNIFICATION, HOLD HARMLESS To the extent permitted by law and subject to the limitations of Section 768.28, Florida Statutes and any subsequent revisions thereto, each party agrees to indemnify, defend and hold harmless the other and respective elected officials, officers, and employees against any claim, action, loss, damage, injury, liability, cost or expense, including, but not by way of limitation, reasonable attorneys' fees and court costs, arising out of injury to persons, including but not limited to death, or damage to property caused by, directly or indirectly, in whole or in part, the negligence 1-05-2026