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2. For commercial developments within the geographic bounds of the City of Sebastian having a fair share roadway improvements fee of less than $50,000, relying on the County's forbearance as provided in Section 1 infra., the City shall issue a building permit provided other requirements for the issuance of a building permit are satisfied notwithstanding the absence of the applicable fair share roadway improvements fee, and shall not issue a certificate of occupancy until the applicable fair share roadway improvements fee is collected. 3. The County agrees to indemnify, defend, and hold harmless the City from and against any and all claims, demands, losses, liabilities, judgments and expenses of any nature whatsoever, including reasonable attorney's fees both at trial and appellate level and all costs of litigation, which may be asserted against or imposed upon the City and which may arise out of or be attributable to, directly or indirectly, the City's refusal to issue a certificate of occupancy when the City has relied upon this Interlocal Agreement to issue a building permit without collecting the fair share roadway improvement fee due to the County's forbearance. Nothing contained herein shall be construed as a waiver of any immunity from, or limitation of, liability the City may have under the Doctrine of Sovereign Immunity of Section 768.28, Florida Statutes (2002). 4. Either party may terminate this Interlocal Agreement upon thirty (30) days' written notice to the other party by certified mail, return receipt requested, or by overnight delivery. Such termination shall not affect the County's forbearance or the County's obligation to indemnify and hold harmless the City as set forth in this Interlocal Agreement as applied to projects for which the City had issued a building permit prior to the termination date based on this Interlocal Agreement. 5. The County acknowledges that the City is not responsible for paying the fair share roadway improvements fee in the event the City does not collect said fee prior to issuing any certificate of occupancy and further the County expressly releases and forever discharges the City of and from all liability, demands, actions or rights of action that the County has or may have, whether now known or unknown, foreseen or unforeseen or claim to have against the City for the City's failure to collect any fair share roadway improvements fee at the time a certificate of occupancy is issued in accordance with the terms of this Interlocal Agreement. 6. For commercial developments within the geographic bounds of the City of Sebastian having a fair share roadway improvements fee of less than $50,000, the City shall not issue a building permit unless the developer first either submits to the City a certified copy of an executed forbearance agreement between the County and the developer providing for the forbearance described in the Interlocal Agreement or remits to the City funds in the amount of the applicable fair share roadway improvements fee for payment to the County. IN WITNESS WHEREOF, the parties hereto have caused this Interlocal Agreement to be executed by their duly authorized officials on the dates indicated below. 2