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6 <br /> 3.2 Stormwater Management,New Development: County shall directly collect permit fees <br /> to provide the Services set forth in the annual work plan in section A2 of Schedule A, <br /> related to stormwater management plan review and approval for new development. <br /> County shall issue stormwater management plan approvals in accordance with the fees <br /> charged by County, as such fees may be amended from time to time. All fees shall be <br /> retained by County and no other reimbursement from TOWN will be required for the <br /> provisions of Services set forth in Section 1.2 and Schedule "B"of this Interlocal <br /> Agreement. <br /> 3.3 Erosion and Sedimentation Control: County shall directly collect permit fees to <br /> provide the Services set forth in Section 1.2 above and on Schedule`B". Permits shall <br /> be issued by County in accordance with the fees charged by County, as such fees may <br /> be amended from time to time. All fees shall be retained by County and no other <br /> reimbursement from TOWN will be required for the provisions of Services set forth in <br /> Section 1.2 and Schedule `B" of this Interlocal Agreement. <br /> ARTICLE 4—GOVERNMENTAL IMMUNITY <br /> 4.1 To the extent permitted by law, Town agrees to indemnify and hold County harmless <br /> from and against any and all claims, liabilities, damages and expenses, including <br /> attorney's fees, arising from the Town's operation and maintenance of the Town's <br /> Municipal Separate Storm Sewer System and from the implementation of the Permit. <br /> Town and County agree to indemnify and hold each other harmless from and against <br /> any and all claims, liabilities, damages and expenses, including attorney's fees arising <br /> from enforcement of the Erosion and Sedimentation Control Ordinance, Storm Water <br /> Ordinance or this Interlocal Agreement.Nothing herein is intended to serve as a <br /> waiver of sovereign or governmental immunity by any party to which such immunity <br /> may be applicable. There shall be no third party beneficiaries to this Interlocal <br /> Agreement, and nothing herein shall be construed as consent to be sued by third <br /> parties in any matter arising out of this Interlocal Agreement or any other agreement. <br /> ARTICLE 5—TERM OF INTERLOCAL AGREEMENT <br /> 5.1 The term of this Interlocal Agreement shall be for a period of five (5) years from the <br /> date of execution thereof until midnight on 2015,unless terminated by <br /> either parry as provided for herein. The Interlocal Agreement may be renewed for an <br /> additional term of five (5) years upon the written agreement of both parties. <br /> ARTICLE 6—TERMINATION <br /> 6.2 Either party may terminate this Interlocal Agreement, with or without cause,by <br /> providing notice to the other party of termination in writing at least 4 months prior to <br /> the effective date of termination. This Interlocal Agreement may also be terminated by <br /> court order upon the finding that there has been substantial breach of this Interlocal <br /> Agreement by the non-complaining party so as to entitle the complaining party to be <br /> relieved of its obligations under this Interlocal Agreement. <br /> Page 4 of 27 <br />