2010-033 - Laserfiche WebLink

Home Browse Search

ATRUE COPY CERTIFICATION ON LAST PAGE J . K . BARTON , CLERK no liability in connection therewith. The parties having expressly negotiated to allocate all risk and expense in connection therewith to Permittee . 4 . That this Permit is subject always to the paramount right of the District to keep and maintain its drainage district functions and operations , and is subject to revocation and cancellation upon thirty days ' notice from District to the Permittee . 5 . Solely to the extent permitted by Florida law, and in no event greater than the limits set forth in Florida Statutes , Section 768 . 28 , the Permittee agrees to indemnify the District, agents , officers , and employees against all claims , losses , and liabilities , ( specifically excluding attorneys ' fees and expenses) caused solely by the negligent acts or omissions of the Permittee , its employees , and elected officials arising out of, under, or in connection with, the Permittee ' s performance under this Agreement . Nothing contained herein shall be deemed or construed to provide , directly or indirectly , an indemnity from the Permittee for any negligent acts or omissions of the District , its agents and employees arising out of, under, or in connection with this Agreement . 6 . Permittee is cautioned that electrical , water, sewer, gas or other installations or utilities may be located within the permit area, and Permittee shall use diligent efforts to first detect and locate all of such installations and shall coordinate construction with all other lawful users of said right-of-way. Permittee shall be liable for all damages proximately resulting from its interference with or interruption of services provided by other lawful right- of-way users . 7 . The District may, on thirty days ' written notice to the Permittee , require cessation of use into District ' s facilities , removal or alteration of any installation or construction on District right- of-way . Permittee may, on thirty days ' written notice to the District prior to any annual anniversary date , terminate this permit and agreement, and be released from annual rental fees set out in paragraph 14 for subsequent years . 8 . Any construction on District right- of-way or property and cleanup shall be completed promptly by Permittee and in a workmanlike manner with minimum disturbance to existing berm, channel slopes and grade with proper restoration and planting of any disturbed areas to prevent erosion within ten days after completion of construction or installation . 2