|
In addition , all costs for utilities and any other costs incurred by MiLB in
<br /> connection with the User Group ' s use of the Stadium shall be set forth on the
<br /> foregoing written invoice , and such costs shall also be deducted from the net
<br /> funds , if any , and remitted to the User Group . Upon the County' s receipt of the
<br /> notice of invoice payments from MilB , the security deposit shall be returned to the
<br /> User Group ; provided , however , that in the event the costs invoiced by MiLB
<br /> exceed the funds available , the County shall have the right to use the security
<br /> deposit for such costs . In addition , the User Group agrees to be solely
<br /> responsible to pay any and all additional charges required for the staging of the
<br /> event .
<br /> 6 . INDEMNIFICATION AND WAIVER OF CLAIMS . The User Group
<br /> assumes all risks and agrees to indemnify fully and save and hold harmless the
<br /> County , its officers , employees , and agents ( hereinafter individually and
<br /> collectively referenced as " Indemnified County Parties " ) , and MiLB , their
<br /> respective owners , share holders , officers , employees , representatives , agents ,
<br /> heirs , successors , and assigns ( hereinafter individually and collectively
<br /> referenced as " Indemnified MiLB Parties " ) against all claims , losses , damages ,
<br /> judgments , liabilities , accidents or injuries to person ( s ) or property , and causes of
<br /> action , including reasonable attorney' s fees and court costs , arising out of , or
<br /> caused directly or indirectly , by the conduct , acts , omissions , negligence , or
<br /> willful misconduct of any participant in the event , the User Group , its visitors ,
<br /> agents , and employees . The Indemnified County Parties , and the Indemnified
<br /> MiLB Parties shall not be liable for damages to , or loss of, personal property
<br /> sustained by the participants in the event , the User Group , its visitors , agents ,
<br /> employees , or any person claiming by or through the User Group or any of the
<br /> foregoing , resulting from any fire , accident , occurrence , theft , or condition in or
<br /> upon the Stadium , provided such are not due to the sole negligence or willful
<br /> misconduct of the Indemnified County Parties or the Indemnified MiLB Parties .
<br /> This indemnification paragraph shall survive the expiration or sooner termination
<br /> of this Agreement .
<br /> 7 , CANCELLATION . This Agreement is subject to cancellation by either the
<br /> User Group or the County as set forth in Exhibit 1 .
<br /> 8 . FACILITY UNAVAILABILITY DISCLAIMER . The County assumes no
<br /> responsibility for circumstances that may require the closing of the Stadium
<br /> facility due to conditions that would render it unfit for public usage due to
<br /> inclement weather , state health department or other regulatory agencies
<br /> requirements . In the event of such occurrence it is the responsibility of the User
<br /> Group to obtain alternative facilities and the County shall have no liability
<br /> whatsoever to the User Group .
<br /> 9 . GOVERNING LAW . The laws of the State of Florida shall govern this
<br /> Agreement and any and all legal action shall be instituted in Indian River County
<br /> 2
<br />
|