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4 . Insurance . Lessee shall at all times maintain the following insurances with
<br /> respect to the equipment : $ 1 million combined single limit for bodily injury and property
<br /> damage, including coverage for hired and non- owned vehicles , subject to the following : (i) each
<br /> policy shall list Indian River County and Lessor as additional insured parties , ( ii) each policy
<br /> shall be primary to any insurance carried by Indian River County or Lessor, ( iii ) each policy
<br /> shall require that no less than thirty ( 30) days prior to expiration , cancellation , nonrenewal or any
<br /> material change in coverage or limits , the insurance company shall provide notice to Lessor by
<br /> certified mail , as confirmed in a certificate of insurance delivered to Lessor prior to the
<br /> commencement of this lease . Lessee shall also notify Lessor within five ( 5 ) days after receipt of
<br /> any notices of expiration , cancellation, nonrenewal or material change in coverage received from
<br /> its insurance company, and (iv) each policy shall be issued by an insurance company licensed in
<br /> the State of Florida and acceptable to Lessor. Drivers and passengers of any equipment who are
<br /> employees of Lessee shall be covered by Lessee ' s workers ' compensation insurance .
<br /> 5e Indemnification . Lessee shall defend , hold harmless and indemnify Lessor from
<br /> any and all claims , causes of action , liabilities , damages and expenses of any kind whatsoever
<br /> ( including , without limitation , reasonable attorney ' s fees ) arising out of or relating to Lessee ' s
<br /> use and possession of the equipment pursuant to this lease ( "Claims " ) ; provided , however , that
<br /> the foregoing indemnity obligation shall not apply to any Claims , to the extent caused by the
<br /> negligence or willful misconduct of Lessor, or its employees or agents .
<br /> 6. Disclaimer of Warranties and Limitation of Liability . LESSOR MAKES NO
<br /> WARRANTY OR REPRESENTATION , EXPRESS OR IMPLIED , RELATING TO THE
<br /> QUALITY , CAPACITY , FITNESS OR WORKMANSHIP OF THE EQUIPMENT ,
<br /> INCLUDING , WITHOUT LIMITATION , ANY WARRANTY OR REPRESENTATION OF
<br /> MERCHANTABILITY , FITNESS FOR A PARTICULAR PURPOSE , FITNESS FOR ANY
<br /> SPECIFIC USE , DESIGN OR CONDITION , OR FITNESS TO SATISFY THE
<br /> REQUIREMENTS OF ANY LAW, RULE, SPECIFICATION OR CONTRACT . LESSEE
<br /> ACCEPTS THE RISK OF ALL SUCH MATTERS AND ACCEPTS THE EQUIPMENT "AS —
<br /> WHERE IS . " LESSOR SHALL NOT BE RESPONSIBLE FOR ANY INDIRECT ,
<br /> INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF LESSEE ' S USE AND
<br /> POSSESSION OF THE EQUIPMENT PURSUANT TO THIS LEASE ,
<br /> 7 . Early Termination of Lease ; Cooperation with Respect to Sale . Either party
<br /> may terminate the lease on thirty (30 ) days notice . In addition, Lessee acknowledges that its use
<br /> and possession of the equipment is intended to be temporary and of limited duration, until Lessor
<br /> is able to sell the equipment pursuant to applicable law ( which Lessor expects to complete by the
<br /> end of January 2011 ) . Lessee shall cooperate with Lessor in Lessor ' s efforts to sell
<br />the
<br /> equipment, including , without limitation, making the equipment available for inspection at
<br /> reasonable times prior to the bid or auction date , and , if requested by Lessor, delivering the
<br /> equipment to a site in Indian River County on the auction date . This lease shall terminate as of
<br /> the date that the equipment is sold , whether to Lessee or a third party ; provided , however, that all
<br /> provisions of this lease not fully and completely performed as of the date of termination (for
<br /> example , indemnification) shall survive such termination until fully and completely performed .
<br /> If for any reason a sale of some or all of the equipment does not occur, then this lease shall
<br /> terminate with respect to such unsold equipment as of the date set forth in paragraph 1 above .
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