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Interlocal Agreement Between the County and Town of Orchid Related to Impact Fees INDIAN RIVER COUNTY, FLORIDA SECTION 7. INDEMNIFICATION. To the extent allowed by law, the County will indemnify, defend, and hold harmless the Town, its officers , agents , and employees from and against all liability, claims, suits , costs , and attorney fees in any manner resulting from or arising out of fees collected by the Town and transmitted to the County under the terms of this Agreement and the Ordinance, unless caused by the negligence or the reckless, willful , or illegal misconduct of the Town or the Town ' s officers , agents , or employees . SECTION 8 . DURATION, TERMINATION, AND MODIFICATION. (a) This Agreement will remain in full force and effect unless terminated by the parties pursuant to the procedure set forth in subsection 8 (b) . (b) This Agreement may be terminated by the Town or County upon ninety (90) days notice to the other party; however, termination of this Agreement does not relieve the obligation of any person undertaking development within the Town or County that creates a demand for Countywide Capital Facilities from payment of Impact Fees imposed under the Ordinance . (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 Town : Town Clerk, Town of Orchid Town of Orchid 7406 U. S . Highway # 1 Vero Beach, Florida 32967 -6911 If to the County: County Administrator, Indian River County 1840 25th 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 8 of 10 April 4, 2005