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<br />Section V
<br />CO-PERMITTEES' Oblieations
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<br />1. Prevention of Theft of COUNTY Equipment The CO-PERMITTEES shall take reasonable steps to
<br />prevent theft or vandalism of COUNTY equIpment located within the CO-PERMITTEE'S geographic
<br />boundary. The CO-PERMITTEES agree that such equipment may be placed within each CO-
<br />PERMITTEE'S geographic boundary for extended periods of time, as necessary to complete the sampling
<br />and monitoring tasks contemplated by this Agreement and the NPDES MS4 Operating Permit.
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<br />2. Compensation Not later than ten (10) days after the date of execution of this Agreement by all CO-
<br />PERMITTEES, each Co-Permittee shall pay to the COUNTY its proportional share of the payment due
<br />for monitoring activities set forth in this Agreement and as set forth in Attachment "A" herein. The annual
<br />cost, in accordance with the schedule of payments set forth in Attachment "A" herein, shall Be due on the
<br />anniversary date of execution of this Agreement for each year the NPDES MS4 Operating Permit is in
<br />force and effect. Failure to pay the agreed-upon costs to COUNTY in accordance with this Agreement
<br />shall be deemed default by the CO-PERMITTEE that fails to pay pursuant to this Agreement.
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<br />3. Access The CO-PERMITTEES shall provide the COUNTY with reasonable access at all times as
<br />necessary to perform the sampling and monitoring required by this Agreement of any storm sewer systems
<br />which may be located within the CO-PERMITTEE'S geographic boundary.
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<br />Section VI
<br />Indemnification
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<br />The CO-PERMITTEE shall indemnify and hold harmless the COUNTY and its officers, employees, agents
<br />and instrumentalities from any and all liability, losses or damages, including attorney's fees and costs of
<br />defense, which the COUNTY or its officers, employees, agents or instrumentalities may incur as a result of
<br />claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or
<br />resulting from the performance of this Agreement by the CO-PERMITTEE or its employees, agents,
<br />servants, partners, principals or subcontractors. The CO-PERMITTEE shall pay all claims and losses in
<br />connection therewith and shall investigate and defend all claims, suits or actions of any kind or nature in the
<br />name of the COUNTY, where applicable, including appellate proceedings, and shall pay all costs, judgements
<br />and attorney's fees which may issue thereon. Provided, however, this indemnification shall only be to the
<br />extent and within the limitations of Section 768.28 Fla Stat., subject to the provisions of that Statute whereby
<br />the CO-PERMITTEE shall not be held liable to pay a personal injury or property damage claim or judgement
<br />by anyone person which exceeds the sum of $100,000, or any claim or judgement or portions thereof, which,
<br />when totaled with all other claims or judgement paid by the CO-PERMITTEE arising out of the same
<br />incident or occurrence, exceed the sum of $200,000 from any and all personal injury or property damage
<br />claims, liabilities, losses or causes of action which may arise as a result of the negligence of the CO-
<br />PERMITTEE.
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<br />The COUNTY shall indemnify and hold harmless the CO-PERMITTEE and its officers, employees, agents
<br />and instrumentalities from any and all liability, losses or damages, including attorney's fees and costs of
<br />defense, which the CO-PERMITTEE or its officers, employees, agents or instrumentalities may incur as a
<br />result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating
<br />to or resulting from the performance of this Agreement by the COUNTY or its employees, agents, servants,
<br />partners, principals or subcontractors. The COUNTY shall pay all claims and losses in connection therewith
<br />and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the CO-
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