8. Insurance. Not less than 30 days prior to the Kids Triathlon, Vero Beach
<br />Rotary must supply proof of liability insurance to County, attention Risk Manager. The
<br />coverage provided must include a minimum coverage amount of Four Million Dollars
<br />($4,000,000) for general aggregate liability ($2,000,000 for each occurrence) and Two
<br />Million Dollars ($2,000,000) for auto liability. Insurance carriers providing coverage
<br />required herein must be licensed to conduct business in the State of Florida and must
<br />possess a current A.M. Best's Financial Strength Rating of A -Class VIII or better. All
<br />required policies must name County as an "Additional Insured."
<br />9. Laws, Rules and Regulations. Vero Beach Rotary shall comply with all
<br />federal, state, and local laws, regulations, and ordinances, whether now in force or
<br />hereafter enacted, pertaining to its use of the Complex. If any governmental license or
<br />permit is required for the proper and lawful conduct of Vero Beach Rotary pursuant to this
<br />Agreement, Vero Beach Rotary shall, at its sole cost and expense, duly procure and
<br />maintain such license or permit and comply with the terms and conditions of each such
<br />license or permit.
<br />10. Indemnification.
<br />(a) Vero Beach Rotary Indemnification Obligations. Vero Beach
<br />Rotary assumes all risks. To the extent not arising or resulting from the sole
<br />negligence or willful misconduct of County, its employees, or its agents, Vero
<br />Beach Rotary hereby agrees to indemnify, defend, and hold harmless County, its
<br />officers, directors, employees, affiliates, and agents, from and against any and all
<br />demands, claims, causes of action, fines, penalties, damages, liabilities, accidents
<br />or injuries to person(s) or property, judgments, and expenses, including, without
<br />limitation, reasonable attorneys' fees, incurred in connection with or arising from:
<br />i. the use or occupancy of the Complex, as granted in this
<br />Agreement, by Vero Beach Rotary, its visitors, agents, and employees, or
<br />any person claiming under Vero Beach Rotary;
<br />ii. any acts or omissions of Vero Beach Rotary, its visitors,
<br />agents, and employees, or any person claiming under Vero Beach Rotary;
<br />and
<br />iii. any breach, violation, or non-performance by Vero Beach
<br />Rotary, its visitors, agents, and employees, or any person claiming under
<br />Vero Beach Rotary, of any provision of this Agreement or any law,
<br />ordinance, or governmental requirement of any kind.
<br />If any action or proceeding is brought against County by reason of any such
<br />claim for which Vero Beach Rotary has indemnified (or is required to indemnify)
<br />County, Vero Beach Rotary, upon notice from County, shall defend the same at
<br />Vero Beach Rotary's expense with counsel satisfactory to County in its reasonable
<br />discretion.
<br />3
<br />
|