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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, from any cause whatsoever, whether by reason of the provisions of <br />Chapter 556, Florida Statutes, or otherwise, is Permittee's and not District's and, <br />as a condition of this Permit, Permittee promises, covenants and agrees that <br />neither Permittee, nor anyone claiming by, through or under Permittee, shall have <br />any claim or cause of action against District by reason of such loss or damage. <br />The parties hereto further acknowledge and agree that District has no obligation to <br />allow Permittee to enter upon or use District's property or right-of-way, and does <br />so only in consideration of Permittee's release of District from any responsibility <br />or liability whatsoever, now or in the future, and Permittee agrees: [ ] that it is <br />able, at its own expense, to insure against loss or damage, without granting any <br />right of subrogation to claims against District or [ ] Permittee is a self -insurer, <br />warranting and representing to District that Permittee assumes all risk of loss or <br />damage, and shall save and hold harmless District from any expense, loss, damage <br />or claim in regard thereto, and the District assumes and shall have no liability in <br />connection therewith including, without limitation, attorneys' fees, fines and <br />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. This clause shall survive <br />termination or expiration of this Permit. <br />5 <br />53 <br />