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conclusion of the event ; and ( ii ) to remit the net funds , if any , to the User Group . <br /> 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 seMrrity <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 commissioners , officers , employees , and agents ( hereinafter <br /> individually and collectively referenced as " Indemnified County Parties " ) , and <br /> MiLB , their respective owners , share holders , officers , employees , <br /> representatives , agents , heirs , successors , and assigns ( hereinafter individually <br /> and collectively referenced as " Indemnified MiLB Parties " ) against all claims , <br /> losses , damages , judgments , liabilities , accidents or injuries to person ( s ) or <br /> property , and causes of action , including reasonable attorney ' s fees and court <br /> costs , arising out of, or caused directly or indirectly , by the conduct , acts , <br /> omissions , negligence , or willful misconduct of any participant in the event , the <br /> User Group , its visitors , agents , and employees . The Indemnified County <br /> Parties , and the Indemnified MiLB Parties shall not be liable for damages to , or <br /> loss of , personal property sustained by the participants in the event , the User <br /> Group , its visitors , agents , employees , or any person claiming by or through the <br /> User Group or any of the foregoing , resulting from any fire , accident , occurrence , <br /> theft , or condition in or upon the Stadium , provided such are not due to the sole <br /> negligence or willful misconduct of the Indemnified County Parties or the <br /> Indemnified MiLB Parties . This indemnification paragraph shall survive the <br /> expiration or sooner termination 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 />