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3e Responsibilities of Historical Society . In addition to other matters set forth herein,
<br /> Historical Society shall be responsible for the following matters relating to the Temporary Tower
<br /> Parcel : (i) stabilization, restoration and preservation of the Tower, (ii) repair and maintenance of the
<br /> Temporary Tower Parcel , including the Tower, (iii) management and control of all persons who are on
<br /> or within the Temporary Tower Parcel as a result of Historical Society ' s activities pursuant to this
<br /> Temporary License Agreement, and (iv) locking or securing the Temporary Tower Parcel , including
<br /> the Tower, on a daily/nightly basis . Historical Society shall not perform any stabilization, restoration,
<br /> preservation, repair or maintenance work on the Tower or in the Temporary Tower Parcel , without first
<br /> obtaining the express written approval of County .
<br /> 4 . Restriction on Climbing upon Fire Tower . No one shall climb upon the fire tower
<br /> without first obtaining the express written approval of County . Historical Society shall be responsible
<br /> for enforcing this provision .
<br /> 5e Insurance . Throughout the term of this Temporary License Agreement, Historical
<br /> Society shall obtain and maintain (i) comprehensive general liability insurance in an amount not less
<br /> than $ 1 , 000 , 000 per individual and per occurrence for personal injury and death, and $ 50 , 000 for
<br /> property damage, covering Historical Society ' s activities pursuant to this Temporary License
<br /> Agreement, and (ii ) property casualty insurance on the Tower and other structures located within the
<br /> Temporary Tower Parcel in an amount not less than $ 50 , 000 . All policies of insurance must be (i)
<br /> issued by an insurance company licensed to issue insurance policies in the state of Florida and rated at
<br /> least A+VII by Best ' s Key Rating Guide, (ii) structured on an "occurrence" basis and not a "claims
<br /> made" basis , (iii) verified by a certificate of insurance delivered to County, which certificate shall
<br /> provide that County will be given no less than thirty (30) days written notice in the
<br /> event of
<br /> cancellation, termination or material change , and (iv) include County as an additional named insured ,
<br /> 6 . Indemnification . Historical Society shall defend , hold harmless and indemnify County
<br /> and the Emergencies Services District, including their commissioners , officers , employees and agents ,
<br /> from any and all claims , causes of actions , damages , expenses (including reasonable attorneys fees)
<br /> and other liabilities of any type whatsoever, arising out of or relating to Historical Society ' s activities
<br /> pursuant to this Temporary License Agreement . The risk of loss or theft of, or damage to ,
<br />any
<br /> personal property of Historical Society, or any employee , volunteer, agent or invitee of Historical
<br /> Society, shall be solely upon Historical Society ; County shall have no liability for such loss , theft or
<br /> damage .
<br /> 7 . Inspection . County shall have the right to inspect the Temporary Tower Parcel and the
<br /> Tower at all times , upon reasonable notice to Historical Society ; provided , however, that nothing
<br /> herein shall be interpreted as imposing upon County a duty to inspect the Temporary Tower Parcel or
<br /> the Tower .
<br /> 8 . Cancellation . Notwithstanding any other provision herein, this temporary license may
<br /> be cancelled by either party at any time upon thirty (30 ) days written notice to the other party .
<br /> 9 . Sovereign Immunity . Nothing herein is intended to operate as a waiver of, or shall be
<br /> interpreted as creating a waiver of, County ' s sovereign immunity, which shall be preserved to the
<br /> fullest extent permitted by the Florida Constitution and section 768 . 28 , Florida Statutes .
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