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compensation, for ail of its organized baseball teams. If the Baseball Club adds any additional organized baseball teams, the Baseball Club shall provide such evidence within 14 days of such addition. If children will be supervised in connection with use of the Ballfields, sexual molestation liability insurance will also be required. All insurance, with the exception of workers' compensation, will name the County as additional. insured. Discretionary -Authority — Depending upon the nature of any aspect of the use of the Ballfields and its accompanying exposures and liabilities, the County may, at its sole discretion, require additional insurance coverages or specific coverage amounts, which may or may not require that the County also be named as an additional insured. Section 10. Liability and Indemnification. The County shall in no way be liable or responsible for any accident or damage that may occur in conjunction with any of the activities described in this Agreement. The Baseball Club shall defend, hold harmless and indemnify the County with respect to any and all actions, causes of action, liabilities, losses, damages or expenses (including reasonable attorneys' fees) arising out of or relating to any negligence, intentional misconduct, breach of this Agreement or breach of applicable law by the Baseball Club in conjunction with any of the activities described in this Agreement-. This section 10 shall survive the termination of. this Agreement with respect to any acts or omissions occurring prior to the date of termination. Section 11. Assignment. The Baseball Club shall not transfer or assign this Agreement, or any portion thereof, to any third party without the express written approval of the County, which approval may be granted or withheld in its sole discretion. Section 12. Termination. Either party may terminate this Agreement if the other party fails to comply with a term of the Agreement. The terminating party shall notify the other party of the decision to terminate this Agreement at least 30 days before the effective date of termination. The party in default may avoid termination by correcting the default to the satisfaction of the other party prior to the effective date of termination stated in the notice. The County reserves the right to suspend this Agreement for a period of up to 18 months following 60 days' notice of the County's intent to proceed with any renovation, improvement, or construction project to the Ballfields that will substantially interfere with the use and enjoyment by the Baseball Club of the Ballfields (the "Suspension Period"). Suspended time shall extend the lease by the amount of days under the suspension period. After the suspension period, any unused credits for improvements under Section 6 shall remain available to the Baseball Club under the terms of this Agreement and applied to the Baseball Club's utilization of the Ballfield's in their after improved condition. Section 13. Ballfield Rules Aegly. Unless otherwise stated herein, the Baseball Club shall comply with all of the rules and regulations contained within the Indian River County Recreation Department Athletic Field Permit Application, attached hereto as Exhibit "A". Section 14. Miscellaneous. A. Time of the Essence. Time is of the essence in the performance of each and everyprovision of this Agreement. Page 4 of 7 05