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2010-033
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2010-033
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Last modified
12/8/2015 12:38:12 PM
Creation date
10/1/2015 1:59:37 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Interlocal Agreement
Approved Date
02/02/2010
Control Number
2010-033
Agenda Item Number
8.N
Entity Name
Indian River Farms Water Control District
Subject
Fiber optic cable link Courthouse and Jail
Supplemental fields
SmeadsoftID
9563
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A TRUE COPY <br /> CERTIFICATION ON LAS i PAGE <br /> J . K . BARTON , CLERK <br /> District, its agents or employees , whether by reason of the provisions of Chapter 556 , <br /> Florida Statutes , or otherwise , is Permittee ' s and not District ' s and , as a condition of this <br /> Permit, Permittee promises , covenants and agrees that neither Permittee , nor anyone <br /> claiming by, through or under Permittee , shall have any claim or cause of action against <br /> District by reason of such loss or damage . The parties hereto further acknowledge and <br /> agree that District has no obligation to allow Permittee to enter upon or use of District ' s <br /> property or right-of-way, and does so only in consideration of permittee ' s release of <br /> District from any responsibility or liability whatsoever, now or in the future , and <br /> Permittee agrees : that it is able , at its own expense, to insure against loss or damage , <br /> without granting any right of subrogation to claims against District or Permittee as a <br /> self- insurer, warranting and representing to District that Permittee assumes all risk of loss <br /> or damage , and shall save and hold harmless District from any expense , loss , damage or <br /> claim in regard thereto , and the District assumes and shall have no liability in connection <br /> therewith including , without limitation, attorneys ' fees , fines and penalties to the extent <br /> allowed by law . <br /> 19 . This Permit may not be assigned or subletted to a third party and any transfer <br /> of Permittee ' s property abutting District ' s property or right- of-way shall , ipso facto and <br /> without more , cancel , nullify and revoke this Permit . <br /> 20 . Should Permittee, during the term hereof, become a "member operator" , as <br /> defined by Florida Statutes , Section 556 . 102 (7) , then such membership shall , ipso facto <br /> and without more , cancel , nullify and revoke this Permit . <br /> 21 . Permittee ' s obligations under Paragraphs 3 , 5 and 18 may be affected by <br /> Florida Statutes ' restrictions on hold harmless clauses . <br /> 22 . In consideration of the grant of this Permit, Permittee, if a public or private <br /> body with the power of eminent domain, expressly waives and relinquishes any power of <br /> eminent domain or condemnation of the property as to which this Permit applies for the <br /> use for which the Permit is granted . This clause shall survive termination or expiration of <br /> this Permit . <br /> 5 <br />
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