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26. INDEMNIFICATION. FSSR shall defend, protect, hold harmless and <br />indemnify the County, its Commissioners, directors, officers, employees, and <br />agents and contractors of any tier, or any of them (the "County Indemnified <br />Persons") from and against any cost, expense, loss, claim or liability whatsoever, <br />including the cost of attorneys' fees and appeals, for injury to any person or loss <br />or damage to any property arising out of: (a) the negligence or wrongful <br />misconduct of FSSR, its directors or partners (as applicable), officers, employees, <br />other agents or contractors of any tier; (b) the failure of or by FSSR, its directors <br />or partners (as applicable), officers, employees, other agents or contractors of any <br />tier to comply with applicable law or regulations of federal, state or local <br />governments; (c) the performance or failure to perform of the FSSR under this <br />License Agreement; and (d) any breach by FSSR of any representation or warranty <br />made in this License Agreement. FSSR is not required to hold harmless or <br />indemnify any County Indemnified Person for any cost, expense, loss, claim or <br />liability to the extent caused by any County Indemnified Person's negligence or <br />reckless misconduct. <br />27. ENTIRE AGREEMENT. This written License Agreement shall constitute the <br />entire agreement of the parties with respect to the Premises and the County's <br />occupancy of the Premises. No other statement, representation or prior agreement <br />shall have any force or effect, unless set forth herein. <br />IN WITNESS WHEREOF, the undersigned have affixed our hands and seals at <br />Vero Beach, Indian River County, Florida, as of the day and year first above written. <br />BOARD OF COUNTY COMMISSIONERS <br />OF INDIAN RIVER COUNTY, FLORIDA <br />Peter D. O'Bryan, Chairman <br />Approved by BCC: February 1, 2022. <br />ATTEST: <br />M. <br />Jeffrey R. Smith, <br />Clerk of Court and Comptroller <br />Approved as to form and legal sufficiency: <br />Dylan Reingold, County Attorney <br />143 <br />