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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 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 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
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