2014-027 - Laserfiche WebLink

Home Browse Search

Section 11 — Liability 11 . 01 Liability for Damage or Injury : The County shall not be responsible for any loss, damage or injury which may be sustained by any party or persons at the Premises other than the damage or injury caused solely by the negligence of the County . 1. 1 . 02 The League is an Independent Operator : Except for when it is inconsistent with the Little League Charter Rules , the League is, and shall be at all times, an independent operator that is responsible to all parties for all of its acts or omissions . Section 12 — Insurance 12 . 01 Insurance : The League shall procure and maintain throughout the term of this Agreement comprehensive general liability insurance providing for a minimum of $ 300 , 000 . 00 per occurrence . The insurance shall be written on a policy and company acceptable to the County ' s Risk Management Division and shall have at least an A- VII rating with A . M . Best . The name of the insured must be the League and the County must be named as an additional insured . Within five (5 ) days of the execution of this Agreement, the League shall provide the County with a certificate of insurance showing the additionally insured and specifying the deductible of said policy . A new certificate of insurance must be delivered to the County no later than October 1 st of each following year. The certificate shall provide for thirty (30) days prior written notice from the insurer to County of any cancellation or amendment to said insurance policy . In the event the League fails to deliver said certificate to the County in the above stated manner, the County may cancel this Agreement or, but shall not be obligated to , procure the required policy . Section 13 — Termination 13 . 01 Termination : The County shall have the right to terminate this Agreement without cause provided the County gives the League six (6) months notice . If this Agreement is terminated without cause, the League shall have the option to take over the responsibilities set forth in Section 7 . 01 . The County shall also have the right to terminate this Agreement with cause . If the League fails to maintain the required insurance pursuant to Section 12 , the County may automatic terminate this Agreement. With the exception of Section 12 , if the League defaults in performing any of its obligations or breaches any of the material terms of this Agreement, the County will serve written notice on the League and give it thirty (30) calendar days to cure the default or breach . If the League does not cure the default or breach within the thirty (30) day time period, the County may immediately terminate this Agreement and repossess the Premises . This Agreement is subject to annual budget and/or appropriation by the Board of County Commissioners and staffing allocation by the County Administrator. 13 . 02 Mediation : In the event of a dispute between the parties in connection with this Agreement, the parties agree to submit the disputed issue or issues to a mediator for non-binding mediation prior to filing a lawsuit. The parties shall agree on a mediator chosen from a list of certified mediators available from the Clerk of Court for Indian River County . The fee of the mediator shall be shared equally by the parties . To the extent allowed by law, the mediation 6