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4. PROJECT MANAGER The Project Manager for the County is James Oppenborn at (772) 462-1713. The Project Manager for the Foundation is Kendra Cope, M.S. at (772) 226-1569. 5. PERSONNEL Indian River represents that it has, or will secure at its own expense, all necessary contractors, employees or volunteers required to perform the services under this Agreement. 6. INDEMNIFICATION To the extent allowed by law, Indian River will indemnify, defend and hold the St. Lucie County Board of County Commissioners, its officers, directors and employees, harmless from any and all liability, loss, damage, costs, expenses, including, without limitation, attorneys' fees, on account of injury or damage to persons, firms or corporations or to property directly or indirectly arising out of or relating to this Agreement, the performance or breach thereof, or the use or occupancy of the Premises, the parking area or other areas of the facilities by Indian River agents, servants, employees, exhibitors, independent contractors, patrons, guests or invitees except for loss or property damage caused by St. Lucie's negligent conduct; and in the event that suit shall be brought against St. Lucie, either independently or jointly with Indian River on account thereof, Indian River will defend any such suit or suits at the sole cost of Indian River; and in the event of final judgment being obtained against County, either independently or jointly with Indian River, then Indian River will pay such judgment immediately, with all interest and costs thereon, and shall hold St. Lucie harmless. 7. INDEPENDENT CONTRACTOR RELATIONSHIP All persons engaged in any of the work or service performed pursuant to this Agreement, with the exception of St. Lucie employees, shall at all times, and in all places, be subject to Indian River's sole direction, supervision and control. Indian River shall exercise control over the means and manner in which it and its employees perform the work, and in all respects, Indian River's relationship and the relationship of its contractor or employees to St. Lucie shall be that of an independent contractor and not as employees or agents of St. Lucie. In addition, Indian River shall not have the power or authority to bind St. Lucie in any promise, agreement or representation other than specifically provided for in this Agreement. S:\ATTY\AGREEMNT\FAC-USE\Indian River County — Harbour Pointe 2