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AGENDA COPY 6 05 Thor Guard Lightning Predication and Warning System: The County maintains a_ lightening protection and warning system for Gifford Park. The League_ is responsible for abiding by the rules attached as Exhibit B in the event the alarm is activated and emergency shelter becomes necessary. 6.06 Non-discrimination. The League shall operate the Premises in a non-discriminatory manner complying with all local, state and federal laws, rules or regulations. Section 7 — The County's Obligations and Responsibilities 7.01 The Coup 's Obligations: Based on available staff and budget limitations, the County agrees to: a) Mow, irrigate and fertilize the Premises; b) Drag and line the Robinson Field on the game days set forth in the League's schedule; c) Provide field lighting for the Premises including all costs associated with maintenance of the equipment and bulb replacement; d) Pay for utilities including water, sewer, electric and garbage removal; and e) Maintenance and operation of the Guard_ Lightening Operating System. Section 8 —Emergency County Use 8.01 Emergency County Use: In an emergency declared by the appropriate authorities under Chapter 252, Florida Statutes, the County reserves the right to use the Premises as a part of its emergency response and recovery operation as long as reasonably necessary in the County's opinion. In such an event, the County shall restore the Premises at the County's expense to the same condition as it was prior to the County's use. For said restoration, time will be of the essence. Section 9 — Rights to Assign 9.01 Assignment: Neither the County nor the League shall have the right to assign any andall of its rights and interests under this Agreement to any successor in business or parent company without prior written consent of both parties. Section 10 —Indemnification 10.01 Hold Harmless: The League shall defend, indemnify and hold the County harmless from any and all claims for damages arising out of this Agreement, except for those claims arising out of the County's own negligence. This includes, without limitation, attorneys' fees, on account of injury of damage to persons, firms or corporations or to property directly orindirectlyarising out of or relating to this agreement, the performance or breach thereof, or the use or occupancy of the Premises, the parking lot area or other areas of the Premises by the League. In the event the League shall fail to defend any such action on behalf of the County to the satisfaction of the County, the County may, but shall not be obligated to, defend the same by counsel of its choice, the cost of which defense to be borne exclusively by the League. Nothing in this agreement shall be construed to affect in any way the County's rights, privileges, and immunities, including sovereign immunity as provided by Florida law. SmeadSoif Reprint Date Wednesday, December 14, 2016 - 11:55:19 - BCC:1826, Attachment Id S, Page 113