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River County Department of Risk Management of its intent to cancel or terminate said policies <br />of insurance. <br />A. Concessionaire hereby agrees to indemnify Indian River County and Representatives <br />thereof from all claims arising solely from intentional, reckless or negligent acts, errors or <br />omissions of the Concessionaire or Concessionaire's Representatives in the performance of <br />services under this agreement and for which Concessionaire is legally liable. <br />2. Insurance Requirements for County. Concessionaire acknowledges that County is a <br />political subdivision of the State of Florida and as such, is entitled to certain protection from <br />liability under Florida law. To the extent allowed by law, the County hereby agrees to indemnify <br />Concessionaire from claims arising from the negligent acts, errors or omissions of the COUNTY <br />in the performance of the services under this agreement and for which County is legally liable. <br />Additionally, the County hereby states that its improvements are adequately insured against loss <br />whether through self insurance or excess coverage. <br />3. Indemnification of County. Concessionaire shall indemnify and hold harmless the <br />County from all suits, actions or claims including reasonable attorney's fees, of any character <br />brought on account of any injuries or damages received or sustained by any person, persons, or <br />property by or from the said successful bidder or by or in consequence of any liability losses, <br />misconduct or negligent act or omission of Concessionaire, her agents or employees in <br />connection with the operation of the food service concession. <br />4. Notice of Claims. County and Concessionaire shall give prompt notice to the other of <br />any third party claims made against either or both of them, and shall cooperate fully with each <br />other and with any insurance carrier to the end that all such claims will be properly investigated, <br />defended and adjusted. <br />5. Failure to Maintain Insurance. Failure to maintain such insurance will be deemed as a <br />cause for termination of this agreement. <br />SECTION IV - COUNTY RESPONSIBILITIES <br />1. Obligations to Provide Facilities. County, at its sole cost and expense, shall be <br />responsible for providing safe and adequate facilities required by Concessionaire to perform the <br />Services under this Agreement. These facilities shall include, without limitation, workspace and <br />other facilities that adhere to current federal and state safety standards. County shall cooperate at <br />all times with Concessionaire to provide a safe and adequate work environment for <br />Concessionaire's employees and others who work on or around the Course. Concessionaire has <br />inspected County's facilities and agrees that they are adequate facilities needed to perform the <br />services under this agreement and the facilities adhere to current federal and state safety <br />standards. <br />2. Emergency Maintenance. At any time during this agreement, if the County determines <br />that any portion of the golf club house is in immediate jeopardy of sustaining some type of <br />serious harm due to a maintenance failure of Concessionaire, the County may utilize its own <br />work force to go on the leased premises and perform such tasks as are necessary to prevent such <br />8 67 <br />