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• • District, its agents or employees, whether by reason of the provisions of Chapter 556, Florida Statutes, or otherwise, is Permittee's and not District's and, as a condition of this Permit, Permittee promises, covenants and agrees that neither Permittee, nor anyone claiming by, through or under Permittee, shall have any claim or cause of action against District by reason of such loss or damage. The parties hereto further acknowledge and agree that District has no obligation to allow Permittee to enter upon or use District's property or right-of-way, and does so only in consideration of Permittee's release of District from any responsibility or liability whatsoever, including for damage caused by District's negligence, now or in the future, and Permittee agrees that it is able, at its own expense, to insure against loss or damage, without granting any right of subrogation to claims against District or Permittee is a self -insurer, warranting and representing to District that Permittee assumes all risk of loss or damage, and shall save and hold harmless District from any expense, loss, damage or claim in regard thereto, and the District assumes and shall have no liability in connection therewith including, without limitation, attorneys' fees, fines and penalties. 19. This Permit may not be assigned or subletted to a third part and any transfer of Permittee's property abutting District's property or right-of-way shall, ipsofacto and without more, cancel, nullify and revoke this Permit. 20. Should Permittee, during the term hereof, become a "member operator", as defined by Florida Statutes, Section 556.102(7), then such membership shall, ipsofacto and without more, cancel, nullify and revoke this Permit. 21. In consideration of the grant of this Permit, Permittee, if a public or private body with the power of eminent domain, expressly waives and relinquishes any power of eminent domain or condemnation of the property as to which this Permit applies for the use for which the Permit is granted. His clause shall survive termination or expiration of this Permit. IN WITNESS WHEREOF, said District has caused these presents to be executed in its name by its Secretary and its corporate seal hereto affixed, by due authority of its Board of Supervisors, this _ day of ,2000. Signed, sealed and delivered in the presence of: INDIAN RIVER FARMS WATER CONTROL DISTRICT as to District By: John 5.1. Amos, Secretary (SEAL) 4