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INDEMNIFICATION <br /> 11. To the extent allowed by Section 768.28, Florida Statutes, the Licensee shall indemnify <br /> and hold harmless the City and its officers, employees, agents and instrumentalities from <br /> any and all liability, losses or damages, including attorney's fees and costs or defense, <br /> which the City or its officers, employees, agents or instrumentalities may incur as a result <br /> of claims, demands, suits, causes of actions or proceedings of any kind or nature arising <br /> out of, relating to or resulting from the negligent acts, errors, omissions or wrongful <br /> conduct of Licensee or its officers, employees, agents, instrumentalities, contractors or <br /> subcontractor acting under the Licensee's control in connection with Licensee's <br /> performance of services under this Agreement. The parties agree that the City is not <br /> responsible for the accuracy of any information transmitted by the Licensee to any <br /> customers of the water services. The Licensee's obligations to defend, indemnify and hold <br /> harmless shall extend to any claims or demands made by customers against the City <br /> regarding the accuracy of the information transmitted by the Licensee. To the extent <br /> allowed by Section 768.28, Florida Statutes, the Licensee shall pay all claims and losses in <br /> connection therewith and shall investigate and defend all claims, suits or actions of any <br /> kind or nature in the name of the City, where applicable, including appellate proceedings, <br /> and shall pay all costs,judgments, and reasonable attorney's fees which may issue thereon, <br /> unless such damages are caused by the negligent, intentional or reckless acts or omissions <br /> of the City or its agents. The Licensee expressly agrees and understands that any insurance <br /> protection provided at the option of the City shall in no way limit the responsibility to <br /> indemnify, defend and hold harmless the City or its officers, employees, agents and <br /> instrumentalities as herein provided to the extent allowed by Section 768.28, Florida <br /> Statutes. <br /> ACCESS TO PREMISES <br /> 12. The Licensee and/or its contractor shall have access to the Premises, upon proper notice to <br /> the City, in order to install, maintain and/or repair its Equipment on Mondays through <br /> Fridays, excluding holidays, between the hours of 8:30 a.m. and 5:00 p.m. Access is <br /> subject to the availability and approval of the City and requires the accompaniment of a <br /> City representative. <br /> DURATION AND TERMINATION <br /> 13. The term of this Agreement shall commence as of the date hereof and shall expire on <br /> midnight on the day prior to the fifth (5th) anniversary hereof; provided however, that <br /> either party hereto shall have the right to terminate this Agreement upon fifteen (15) days <br /> prior written notice to the other party with or without cause. <br /> 14. Three additional five year terms (each being a Renewal Term) shall be available to the <br /> parties in the same terms and conditions as set forth herein. <br /> 15. This Agreement shall automatically be extended for each successive five (5)year Renewal Term <br /> unless the licensee notifies the City in writing of its intention not to extend this Agreement at least <br /> thirty(30) days prior to the expiration of the first year Term or any Renewal Term. <br /> 3 <br />