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indemnification and hold harmless shall be only to the extent allowed by and within the limits of liability provided by section 768.28, Florida Statutes, and shall not otherwise be deemed a waiver of Licensee's sovereign immunity. Licensee acknowledges that the provisions of this section 9 are provided as consideration and inducement for grant of the License hereunder and such License would not have been granted by the City absent the giving of such consideration by Licensee. Licensee's indemnification obligations shall survive the termination of this Agreement and License for any matter arising prior to the effective date of the termination or the date Licensee no longer occupies, uses, or maintains the Premises, whichever is later. 10. Notices. Any notice or request required or permitted pursuant to this Agreement shall be in writing and maybe delivered personally, by courier such as FedEx, UPS, or Priority Mail, or by United States First Class registered or certified mail, return receipt requested. Such notices and requests may be provided to the respective Party at their address set forth above. Any notice or request the delivery of which is refused by the recipient shall be deemed given as of the date it is mailed or sent. 11. Termination. Each Party shall have the right and discretion to terminate this Agreement and License with or without cause pursuant to the following: (a) Except as provided otherwise in this Agreement, the terminating Party shall provide the other Party written notice of termination at least Ninety (90) days prior to the effective date of the termination. (b) Should the City determine that the public interest requires expedited termination of this Agreement and License, which determination shall be solely in the City's discretion, the City shall endeavor to provide Licensee written notice of termination at least Fourteen (14) days prior to the effective date of such expedited termination. However, the City may dispense with or reduce the aforesaid notice period should the City determine that the public interest requires more immediate termination. (c) Except as otherwise agreed by the Parties in writing, whenever termination of this Agreement and License is noticed by either Party, Licensee shall, at its own cost and expense, remove or cause to be removed from the Premises all improvements, installations, and equipment and repair, clean, and restore the Premises to a reasonably good condition acceptable to the City on or before the termination effective date. (d) If Licensee fails or refuses to remove or cause the removal of any improvement, installation, or equipment, and/or fails to repair, clean, and restore the Premises by the specified or agreed termination effective date, or fails or refuses to do so when such improvement. installation. or equipment was made or installed without all required written approvals or permits, or ifthe City has determined that the public interest requires expedited or immediate removal the City may, at Licensee's expense, complete the removal and repair, cleaning, and restoration of the Premises or contract for completion of all or part of such work. Licensee waives any and all right to contest the City's right to recover all such removal, repair, cleaning, and restoration costs and expenses from Licensee. The provisions of this subsection (d) shall survive termination of this Agreement and the License. Page 3 of 5 N:\Client Docs Marina\Licenses\2015.05.20.IRCounty.Bus.Shelter-wrc.docx