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2021-134
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2021-134
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Last modified
9/24/2021 1:21:35 PM
Creation date
9/24/2021 1:20:42 PM
Metadata
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Template:
Official Documents
Official Document Type
Agreement
Approved Date
09/14/2021
Control Number
2021-134
Agenda Item Number
8.Q.
Entity Name
School Board of Indian River County
Subject
Agreement for Use of Facilities
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A TRUE COPY <br />CERTIFICATION ON LAST PAGE <br />J.R. SMITH, CLERK <br />landslides, lightening, earthquakes, fires, hurricanes, tropical storms, floods, tornadoes, restraints <br />of governments, civil disturbances, unavoidable breakage of machinery or equipment, enactment <br />of applicable laws prohibiting performance, and other such causes not within the reasonable <br />control of the party claiming the occurrence of an event of Force Majeure. <br />12. Cancellation of Use of Facilities. In the event, either party wishes to cancel the <br />use of a facility, the party must provide 72 hours' notice to the other party's primary point of <br />contact. <br />13. Indemnification. Each party shall indemnify and hold harmless the other party, <br />its agents, officials, and employees from and against all claims, liabilities, losses, damages, <br />personal injuries, or other causes of action which may arise from any misconduct, negligent act, <br />or omissions of such indemnifying party or any of its respective agents, officers, or employees in <br />connection with the performance of this Agreement. Such indemnification and hold harmless shall <br />be only to the extent allowed by and within the limits of liability provided by section 768.28, <br />Florida Statutes, and shall not otherwise be deemed a waiver of sovereign immunity of either party. <br />14. Assignment. This Agreement shall not be assigned by any party without the prior <br />written consent of all of the parties hereto. <br />15. Modification. Modifications of this Agreement shall only be made in writing <br />signed by both parties. <br />16. Severability. If any provision of this Agreement or its application is held invalid <br />by a court of competent jurisdiction, the remainder of the Agreement shall not be affected. <br />17. Notices. Any notice, request, instruction, or other document to be given as part of <br />this Agreement shall be in writing and shall be deemed given under the following circumstances: <br />when delivered in person; or three (3) business days after being deposited in the United States <br />Mail, postage prepaid, certified or registered; or the next business day after being deposited with <br />a recognized overnight mail or courier delivery service; or when transmitted by facsimile or <br />telecopy transmission, with receipt acknowledged upon transmission; and addressed as follows (or <br />to such other person or at such other address, of which any party hereto shall have given written <br />notice as provided herein): <br />For County: <br />For School Board: <br />County Administrator Superintendent <br />1801 271" Street 6500 57th Street <br />Vero Beach, Florida 32960 Vero Beach, Florida 32967 <br />18. Governing Law. This Agreement shall be governed, interpreted and enforced in <br />accordance with the laws of the State of Florida. <br />Page 5 of 6 <br />
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