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completion of the County's removal of the first and third base concession stands, County
<br />shall deliver to Verotown any additional and/or updated Documents.
<br />19. Assignment of Existing, Contracts. In the event Verotown, in Verotown's sole and absolute
<br />discretion, elects to assume any contract related to the Press Box and/or first and third base
<br />concession stands, County shall use its best efforts to effectuate the assignment.
<br />Notwithstanding the foregoing, nothing in this Amendment or the Agreement shall require
<br />Verotown to assume any contract related to the Press Box or the first and third base
<br />concession stands currently entered into by County.
<br />20. Indemnification; Release by County. To the extent permitted by Florida law, in addition to
<br />County's indemnification obligations under the Agreement, County agrees to indemnify,
<br />save and hold Verotown harmless from any and all Losses (as defined in the Agreement)
<br />arising or occurring prior to the completion of the New Renovations and the permanent
<br />roof of the Executive Building that are directly related to the New Renovations or the roof
<br />of the Executive Building; provided that the County will not be responsible for any Losses
<br />related to the New Renovations or the roof of the Executive Building that are directly
<br />caused by the gross negligence or willful misconduct of Verotown and any liability of the
<br />County shall be reduced proportionately to the extent of any contributory fault chargeable
<br />by Verotown. In the event that the Agreement should terminate and/or Verotown should
<br />ever cease to be the lessee under the Agreement, the County does hereby release and
<br />forever discharge Verotown and its respective affiliates, subsidiaries and direct or indirect
<br />parent or affiliate entities and all present, former and future managers, directors, officers,
<br />agents, representatives, employees, successors and assigns of Verotown and/or its
<br />respective affiliates, subsidiaries and direct or indirect parent entities (collectively, the
<br />"Released Parties") against any and all claims, suits, controversies, actions, causes of
<br />action, cross-claims, counter -claims, demands, debts, compensatory damages, liquidated
<br />damages, punitive or exemplary damages, other damages, claims for costs and attorneys'
<br />fees, or liabilities of any nature whatsoever in law and in equity, both past and present and
<br />whether known or unknown, suspected, or claimed against the County or any of the
<br />Released Parties, which arise out of or are connected with the Facility, including without
<br />limitation, the New Renovations (the "General Release"). The Released Parties are
<br />intended to be third -party beneficiaries of this Amendment, and the General Release may
<br />be enforced by each of them in accordance with the terms hereof in respect of the rights
<br />granted to such Released Parties hereunder.
<br />21. Bid Process. The County hereby finds that it is in the best interest of the County and its
<br />citizens to waive the requirements for bids and a public procurement process pursuant to
<br />the process defined by the Indian River County ordinance and hereby contracts with
<br />Verotown, as the lessee pursuant to the Agreement, to oversee and manage the New
<br />Renovations, specifically including the renovation of the Press Box. As such, Verotown
<br />is hereby authorized to independently determine the selection of any contractors,
<br />subcontractors and/or agents to perform the work associated with New Renovations and
<br />specifically including the renovation of the Press Box.
<br />22. Effect of First Amendment. Except as specifically amended by this Amendment, the
<br />Agreement shall remain in full force and effect and as modified hereby, the Agreement is
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