In the event that the Premises or any other portion of the Fairgrounds are not vacated and cleaned
<br /> by Applicant at the end of the License Duration, the County is hereby authorized to remove from
<br /> the Premises or any other portion of the Fairgrounds, at the expense of Applicant, all goods,
<br /> wares, merchandise and property of any and all kinds and descriptions placed or permitted
<br /> therein by Applicant and which may be then occupying the same, and County shall not be liable
<br /> for any damage or loss to such goods, wares, merchandise or other property which may be
<br /> sustained either by reason of such removal or of the place to which it may be removed.
<br /> Applicant hereby expressly releases County from any and all such claims for damages of
<br /> whatsoever kind or nature and agrees to defend, indemnify and hold County harmless at
<br /> Applicant's expense as to any claims for damages by third parties having interests in such goods,
<br /> wares, merchandise and property, including costs and attorney's fees. Furthermore, Applicant
<br /> acknowledges that the County shall have the sole right to collect and have the custody of articles
<br /> left at the Premises by persons attending any Event given or held on the Premises, and Applicant
<br /> or any person in Applicant's employ shall not collect or interfere with the collection or custody
<br /> of such articles.
<br /> 14. RIGHT OF ENTRY
<br /> The County and its officers, agents and employees engaged in the operation and maintenance of
<br /> the Premises reserve the right to enter upon and to have free access to the Premises at any and all
<br /> times, which reservation is hereby acknowledged and agreed to by Applicant.
<br /> 15. IDEMNIFICATION
<br /> Applicant releases and forfeits any right of action against the County or its members, officials,
<br /> employees and agents from any liabilities, claims for damages, losses, and costs which arise out
<br /> of or in connection with the Event and to the fullest extent permitted by law, indemnifies,
<br /> defends and saves the County and County's members, officials, officers, employees and agents
<br /> harmless (1) against all liability, claims for damages, and suits for or by reason of any injury to
<br /> any person, including death, and damage to any property for every cause in any way connected
<br /> with the Event irrespective of negligence, actual or claimed, upon the part of the County, its
<br /> agents and employees, except where caused by the willful and wanton acts of County officials,
<br /> officers, employees and agents, and (2) from all expenses incurred by the County for police
<br /> protection, fire protection and emergency medical services, restoration and clean up, sanitation
<br /> and maintenance costs and expenses that are required to preserve public order and protect public
<br /> health, welfare and safety on the Premises of the Event.
<br /> 16. INSURANCE
<br /> At least 30 days prior to the License Duration, the Applicant shall, without limiting Applicant's
<br /> liability submit certificates of insurance naming "Indian River County, FL" as additional insured
<br /> and shall:
<br /> Procure and maintain at Applicant's sole expense, insurance of the types, coverages and amounts
<br /> not less than stated below:
<br /> Schedule Limits
<br /> Commercial General Liability—No more restrictive than $1,000,000 Each Occurrence Combined
<br /> ISO Form CG0001 (including property damage, personal Single Limit
<br /> Fairgro s License Agreement Page 5 of 10
<br /> Initials( December 26,2017
<br />
|