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indemnification and hold harmless shall be only to the extent allowed by and within the limits of <br /> liability provided by section 768.28,Florida Statutes,and shall not otherwise be deemed a waiver of <br /> Licensee's sovereign immunity. <br /> Licensee acknowledges that the provisions of this section 9 are provided as consideration and inducement <br /> for grant of the License hereunder and such License would not have been granted by the City absent the <br /> giving of such consideration by Licensee. Licensee's indemnification obligations shall survive the <br /> termination of this Agreement and License for any matter arising prior to the effective date of the <br /> termination or the date Licensee no longer occupies, uses, or maintains the Premises, whichever is later. <br /> 10. Notices. Any notice or request required or permitted pursuant to this Agreement shall be in writing <br /> and may be delivered personally,by courier such as FedEx,UPS,or Priority Mail,or by United States First <br /> Class registered or certified mail,return receipt requested. Such notices and requests may be provided to <br /> the respective Party at their address set forth above. Any notice or request the delivery of which is refused <br /> by the recipient shall be deemed given as of the date it is mailed or sent. <br /> 11. Termination. Each Party shall have the right and discretion to terminate this Agreement and License <br /> with or without cause pursuant to the following: <br /> (a) Except as provided otherwise in this Agreement, the terminating Party shall provide the other <br /> Party written notice of termination at least Ninety (90) days prior to the effective date of the <br /> termination. <br /> (b) Should the City determine that the public interest requires expedited termination of this <br /> Agreement and License,which determination shall be solely in the City's discretion,the City shall <br /> endeavor to provide Licensee written notice of termination at least Fourteen (14)days prior to the <br /> effective date of such expedited termination. However, the City may dispense with or reduce the <br /> aforesaid notice period should the City determine that the public interest requires more immediate <br /> termination. <br /> (c) Except as otherwise agreed by the Parties in writing,whenever termination of this Agreement <br /> and License is noticed by either Party,Licensee shall,at its own cost and expense, remove or cause <br /> to be removed from the Premises all improvements,installations,and equipment and repair,clean, <br /> and restore the Premises to a reasonably good condition acceptable to the City on or before the <br /> termination effective date. <br /> (d) If Licensee fails or refuses to remove or cause the removal of any improvement, <br /> installation,or equipment,and/or fails to repair,clean,and restore the Premises by the specified or <br /> agreed termination effective date,or fails or refuses to do so when such improvement, installation, <br /> or equipment was made or installed without all required written approvals or permits,or if the City <br /> has determined that the public interest requires expedited or immediate removal the City may. at <br /> Licensee's expense,complete the removal and repair,cleaning,and restoration of the Premises or <br /> contract for completion of all or part of such work. Licensee waives any and all right to contest the <br /> City's right to recover all such removal,repair, cleaning, and restoration costs and expenses from <br /> Licensee. The provisions of this subsection (d) shall survive termination of this Agreement and <br /> the License. <br /> Page 3 of 5 <br /> N:\Client Docs\Marina\Licenses\2015.05.20.IRCounty.Bus.Shelter-wrc.docx <br /> 73 <br />