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4 <br /> ARTICLE 3 —COMPENSATION <br /> 3.1 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 until and if the Town petitions the <br /> Sedimentation & Erosion Control Commission for its own "Local Program". <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 />