Laserfiche WebLink
purposes and benefit is at Permittee's sole risk; any loss or damage to Permittee's <br /> property, installations, facilities or personnel while on District property or right- <br /> of-way, regardless of the cause of the same, including, without limitation, <br /> negligence or want or care on the part of District, its agents or employees, whether <br /> by reason of the provisions of Chapter 556, Florida Statutes, or otherwise, is <br /> Permittee's and not District's and, as a condition of this Permit, Permittee <br /> promises, covenants and agrees that neither Permittee, nor anyone claiming by, <br /> 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 <br /> and agree that District has no obligation to allow Permittee to enter upon or use <br /> District's property or right-of-way, and does so only in consideration of <br /> Permittee's release of District from any responsibility or liability whatsoever, now <br /> or in the future, and Permittee agrees: [ ] that it is able, at its own expense, to <br /> insure against loss or damage, without granting any right of subrogation to claims <br /> against District, or [ ] Permittee is a self-insurer, warranting and representing to <br /> District that Permittee assumes all risk of loss or damage, and shall save and hold <br /> harmless District from any expense, loss, damage or claim in regard thereto, and <br /> the District assumes and shall have no liability in connection therewith including, <br /> without limitation, attorneys' fees, fines and penalties. <br /> 20. This Permit may not be assigned or subletted to a third part and any transfer of <br /> Permittee's property abutting District's property or right-of-way shall, ipso facto <br /> and without more, cancel, nullify and revoke this Permit. <br /> 21. Should Permittee, during the term hereof, become a "member operator", as <br /> defined by Florida Statutes, Section 556.102, then such membership shall, ipso <br /> facto and without more, cancel, nullify and revoke this Permit. <br /> 22. In consideration of the grant of this Permit, Permittee, if a public or private body <br /> with the power of eminent domain, expressly waives and relinquishes any power <br /> of eminent domain or condemnation of the property as to which this Permit <br /> applies for the use for which the Permit is granted. His clause shall survive <br /> termination or expiration of this Permit. <br /> 5 <br />