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Department that they will provide 30 days written notice to the Indian River County Department of Risk Management of its intent to cancel or terminate said policies of insurance . 4. Indemnification. The Tenant shall indemnify, defend, save, and hold harmless the County, its agents, officers, and employees, from any losses, fines, penalties, costs, damages, claims, demands, suits, and liabilities of any nature, including attorney's fees, (including regulatory and appellate fees) , arising out of or because of any acts, action, neglect, or omission by the Tenant, or due to any accident, happening, or occurrence on the Premises or arising in any manner from the exercise or attempted exercise of the Tenant's rights hereunder whether the same regards person or property of any nature whatsoever, regardless of the apportionment of negligence, unless due to the sole negligence of the County. The Tenant's obligation to indemnify, defend and pay for the defense or at the County's option, to participate, and to associate with the County in the defense and trial of any claim and any related settlement negotiations, shall be triggered by the County's notice of claim for indemnification to the Tenant . The Tenant's inability to evaluate liability or its evaluation of liability shall not excuse the Tenant's duty to defend and indemnify within seven days after such notice by the County is given by registered mail. Only an adjudication or judgment after the highest appeal is exhausted specifically finding the County solely negligent shall excuse performance of this provision by the Tenant . The Tenant shall pay all costs and fees related to this obligation and its enforcement by the County. The County's failure to notify the Tenant of a claim shall not release the Tenant of the above duty to defend . 5. Notice of Claims. The County and Tenant shall give prompt notice to the other of any third party claims made against either or both of them, and shall cooperate fully with each other and with any insurance carver to the end that all such claims will be properly investigated, defended and adjusted. 6. Failure to Maintain Insurance. Failure to maintain such insurance will be deemed as a cause for termination of this Agreement . SECTION IV - COUNTY RESPONSIBILITIES 1 . Obligations to Provide Facilities. County leases the Premises in " as is" condition. Tenant shall be responsible for all repairs and maintenance to the leased Premises and properties . Tenant has inspected the Premises and facilities and agrees that they are adequate facilities and the facilities adhere to current federal and state safety standards . SECTION V - DEFAULT, REMEDIES 1 . Default by Tenant. In the event Tenant is in default under the terms of this Agreement, after three (3 ) days written notice and opportunity to cure, County may, in addition to any right of termination provided in this Agreement, maintain an action for damages arising from the default . 2. Default by County. In the event that County is in default under the terms of this Agreement after any grace period or notice and cure period expressly provided herein, Tenant may, in addition to any right of termination contained in this Agreement, exercise any right or remedy available at law or equity including, without limitation, an action for damages arising out of the breach . 5