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coverage shall be primary . All above insurance policies shall be placed with insurers <br /> with a Best's rating of no less that A + VII . The insurer chosen shall also be licensed to <br /> do business in Florida . The insurance policies procured shall be per occurrence <br /> policies or as generally available on the open insurance market . The Insurance Carriers <br /> shall supply Certificates of Insurance evidencing such coverage to the Indian River <br /> County Risk Management Department upon execution of this Contract. The insurance <br /> companies selected shall send written verification to the Indian River County Risk <br /> Management Department that they will provide 30 days written notice to the Indian <br /> River County Department of Risk Management of its intent to cancel or terminate said <br /> policies of insurance . <br /> 4. Indemnification . Tenant hereby agrees to indemnify Indian River County and <br /> Representatives thereof from all claims arising solely from intentional , reckless or <br /> negligent acts , errors or omissions of the Tenant or Tenants' Representatives in the <br /> performance of services under this agreement and for which Tenant is legally liable . <br /> 5 . Notice of Claims . County and Tenant shall give prompt notice to the other of <br /> any third party claims made against either or both of them , and shall cooperate fully with <br /> each other and with any insurance carrier to the end that all such claims will be properly <br /> investigated , defended and adjusted . <br /> 6 . Failure to Maintain Insurance. Failure to maintain such insurance will be <br /> deemed as a cause for termination of this agreement. <br /> SECTION IV - COUNTY RESPONSIBILITIES <br /> 1 . Obligations to Provide Facilities . County , leases the premises in "as is " <br /> condition . Tenant shall be responsible for all repairs and maintenance to the leased <br /> premises and properties . Tenant has inspected the premises and facilities and agrees <br /> that they are adequate facilities and the facilities adhere to current federal and state <br /> safety standards . <br /> SECTION V = DEFAULT , REMEDIES <br /> 1 . Default by Tenant . In the event Tenant is in default under the terms of this <br /> Agreement, after five (5 ) days written notice and opportunity to cure , County may , in <br /> addition to any right of termination provided in this Agreement , maintain an action for <br /> damages arising from the default . <br /> 2 . Default by County. In the event that County is in default under the terms of this <br /> Agreement after any grace period or notice and cure period expressly provided herein , <br /> Tenant may , in addition to any right of termination contained in this Agreement , exercise <br /> any right or remedy available at law or equity including , without limitation , an action for <br /> damages arising out of the breach . <br /> 5 <br />