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20. <br />21. <br />22 <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 />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 />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 />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 />60 <br />