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under the terms of this ordinance the person so using them shall take necessary precautions, including illumination, for protection of the public with particular emphasis on the period from sunset to sunrise. The persons so using the public rights-of-way as a condition of that use agree to hold -and save the County harmless -from any-andal-I-J-i_abLLLty tout may ar se out-of"th use o7any public rights-of-way as provided in this chapter or by permit. 2. The user agrees and is bound to hold Indian River County whole and harmless against any and all claims for damages, costs, and expenses to persons or property that may arise out of, or be occasioned by the use, occupancy, and maintenance of the public right-of-way, or from any act or omission of any representative, agent, customer, and/or emp-I o yee--o-f the -its er �i s -user s ha -1-I--& I s -o - b e r espon stb Fe for any claim for damage that any utility, whether publicly or privately owned, may sustain or receive by reason of user's use of the public right-of-way and improvements and equipment located thereon. User shall not make any claim of any kind or character whatsoever against Indian River County for damages that it may suffer by reason of installation, construction, reconstruction, operation, and/or maintenance of any public improvement, or utility, whether presently in p I ace or which may in tt�re be constructed or installed, including but not limited to, any water and/or sewer mains and/or storm sewer facilities fiber optic cables, and whether such damage is due to flooding, infiltration, natural causes, or from any other cause of whatsoever kind or nature. It is the intention of this section, and a condition of any permit, that it shall be full and total indemnity against any kind or character of claim whatsoever that may be asserted agains-t Lndi-n River County by reason of, or as a consequence of having granted permission to a user to use and/or maintain a public right-of-way. User is required to defend any and all suits, claims, or causes of action brought against Indian River County on behalf of the County and pay any judgment or judgments that may be rendered against County in connection therewith, Sect-ron-3t-0-13 PenaI Ly- - Violation of any of the provisions of this ordinance shall be punishable by a fine schedule to be established by resolution of the Board of County Commissioners or as provided in Section 100.05 of the Code. Each day any violation of any provison of this chapter continues shall constitute a separate offense. Section 310.16 Fees All permits for construction within the County right-of-way require a fee to be submitted along with the application except for franchised utility companies. The fee schedule shall be established by resolution of the Board of County Commissioners. Section 310.17 Dedication Nothing in this chapter shall be construed as creating an obligation upon Indian River County to perform any act of construction or maintenance within any dedicated areas. Section 310.18 Traffic Control Devices The Di -r, c4o-r o-f-Pub++c-Warks-steal-oma+ntaAn-or-cause-to be maintained a ledger reflecting the installation of all 15 SmeadSoft Reprint Date: Friday, August 23, 2013 - 12:28:16 - OffcialDocuments:642, Attachment Id 0, Page 15