Orange County NC Website
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 be <br /> issued by County in accordance with the fees charged by County, as such fees may be <br /> 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 any <br /> and all claims, liabilities, damages and expenses, including attorney's fees arising from <br /> enforcement of the Erosion and Sedimentation Control Ordinance, Storm Water <br /> Ordinance or this Interlocal Agreement.Nothing herein is intended to serve as a waiver of <br /> sovereign or governmental immunity by any party to which such immunity may be <br /> applicable. There shall be no third party beneficiaries to this Interlocal Agreement,and <br /> nothing herein shall be construed as consent to be sued by third parties in any matter <br /> 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 providing <br /> notice to the other party of termination in writing at least 4 months prior to the effective <br /> date of termination. This Interlocal Agreement may also be terminated by court order upon <br /> the finding that there has been substantial breach of this Interlocal Agreement by the non- <br /> complaining party so as to entitle the complaining party to be relieved of its obligations <br /> under this Interlocal Agreement. <br />