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shall deliver to the County a copy of the construction plans and specifications for all <br /> Improvements, if applicable, which the Baseball Club proposes to make in or to the <br /> Ballfields. The Baseball Club agrees that all approved work shall be done in a good and <br /> workmanlike manner. The Baseball Club shall obtain, at the Baseball Club's expense, all <br /> necessary permits and approvals from governmental authorities for the commencement <br /> and completion of any such Improvements and shall furnish evidence of such approval to <br /> the County prior to the commencement of construction or installation of any such <br /> Improvements. All Improvements shall be constructed in accordance with all applicable <br /> building codes, laws and regulations. All of Baseball Club's Improvements shall be <br /> deemed to be a part of the Ballfields, and the Baseball Club shall be obligated to maintain <br /> and repair the same. All Improvements in or to the Ballfields shall, when made, become <br /> the property of the County and shall be surrendered to the County upon the termination <br /> of this Agreement, whether by lapse of time or otherwise. The Baseball Club shall <br /> indemnify, hold harmless and defend the County from and against any and all claims, <br /> losses, liabilities, costs, damages and expenses (including court costs and attomeys'fees <br /> at or before the trial level and in any appellate proceedings) arising out of or relating to <br /> any Improvements made by the Baseball Club in or to the Ballfields (notwithstanding <br /> County's prior written consent thereto). All of Baseball Club's Improvements shall be <br /> secured by the Baseball Club when not being used by either the Baseball Club or the <br /> County. The Baseball Club and the County shall cooperate to maintain lock combinations <br /> or key access to the Improvements at all times under this Agreement. <br /> The County and the public shall have the right to utilize the Improvements during those <br /> times in which the Ballfields are not reserved for use by the Baseball Club. The County <br /> shall retain the right to collect a fee for use of the Improvements by the public. The County <br /> and the Baseball Club shall have access to the Improvements at the times allotted by this <br /> Agreement. <br /> Section 7. Advertisement at Baseball Fields Fences. The Baseball Club shall be <br /> entitled to obtain revenue from any advertising the Baseball Club secures at the Ballfields. <br /> Such advertising shall be limited to banners or signs which are displayed on the inside l <br /> portion of the outfield fences. Any banners or signs must be approved by the County <br /> Recreation Manager prior to display. All signage must comply with any requirements set <br /> forth in Chapter 956 of the Indian River County Code of Ordinances, if applicable. The <br /> Baseball Club shall pay the County 10% of any revenue earned from advertisement at <br /> the Ballfields as set forth in this section. Such payments shall be made to the County <br /> quarterly and in addition to the total rent due as set forth in section 3 above. <br /> Section 8. Baseball Club Equipment Storage The Baseball Club shall have the right <br /> to store equipment at the Ballfields, subject to approval by the County Recreation <br /> Manager or his Designee. The Baseball Club will be responsible for providing its own <br /> storage facilities for such equipment. The Baseball Club shall solely be responsible for <br /> any damage or loss of such equipment stored at the Ballfields. <br /> Section 9. Insurance Requirements. Within 21 days of the Effective Date of this <br /> Agreement, the Baseball Club shall provide the County with evidence of insurance, <br /> including commercial general liability, and if applicable, automobile liability and workers' <br /> Page 3 of 7 <br /> I <br />