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40 <br />• <br />property or right-of-way, and does so only in consideration of permittee's release of <br />District from any responsibility or liability whatsoever, including for damage cause by <br />District's negligence, now or in the future, and Permittee agrees that it is able, at its own <br />expense, to insure against loss or damage, without granting any right of subrogation to <br />claims against District or Permittee is a self -insurer, warranting and representing to <br />District that Permittee assumes all risk of loss or damage, and shall save and hold <br />harmless District from any expense, loss, damage or claim in regard thereto, and the <br />District assumes and shall have no liability in connection therewith including, without <br />limitation, attorneys' fees, fines and penalties. <br />19. This Permit may not be assigned or subletted to a third party and any transfer <br />of Permittee's property abutting District's property or right-of-way shall, ipsofacto and <br />without more, cancel, nullify and revoke this Permit. <br />20. Should Permittee, during the term hereof, become a "member operator", as <br />defined by Florida Statutes, Section 556.102(7), then such membership shall, ipsofacto <br />and without more, cancel, nullify and revoke this Permit. <br />21. Permittee's obligations under Paragraphs 3, 5 and 18 may be affected by <br />Florida Statutes' restrictions on hold harmless clauses. <br />22. In consideration of the grant of this P:rmit, Permittee, if a public or private <br />body with the power of eminent domain, expressly waives and relinquishes any power of <br />eminent domain or condemnation of the property as to which this Permit applies for the <br />use for which the Permit is granted. This clause shall survive termination or expiration of <br />this Permit. <br />IN WITNESS WHEREOF, said District has caused these presents to be <br />executed in its name by its Secretary and its corporate seal hereto affixed, by due <br />�`tti <br />authority of its board of Supervisors, this 02h0jday of ceen�".zoUu. <br />Signed, seal and delivered <br />in the presence of: ; <br />V INDIAN V R FA TER <br />CONTR IS <br />J hn S. os, Secretary <br />Permittee'hereby accepts the terms of this Permit, and covenants and agrees that it <br />dill comply with -the terms and conditions of this Permit. <br />"""Datedthis 21stdayof December ,20 §X 1999. <br />Signed, sealed and delivered <br />in the presence of: (Seal) <br />INDIAN RIVER 0 <br />A <br />as to Permittee <br />By: <br />0 <br />►LINTY <br />Wnneth R"),M c•h <br />s E <br />4 <br />min a <br />