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(b) Waiver of Claims. To the extent not arising or resulting from the sole negligence or willful misconduct of County, Vero Beach Rotary hereby releases all claims for, damages to, or loss of personal property sustained by Vero Beach Rotary, its visitors, agents, and employees, or any person claiming under Vero Beach Rotary, resulting from any fire, accident, occurrence, theft, or condition in or upon the Complex and its facilities, or of adjoining or contiguous property, facilities, or buildings. (c) Indemnification Term. The indemnity provisions contained in this Section shall survive the expiration or earlier termination of this Agreement to the extent that any such demands, claims, causes of action, fines, penalties, damages, liabilities, judgments and expenses relate to events or circumstances which occurred or existed during the Term. 11. Cancellation. This Agreement is subject to cancellation by either Vero Beach Rotary or County, provided written notification is received by the non -cancelling party sixty days prior to the Kids Triathlon, without penalty or obligation on the part of the cancelling party. 12. Disclaimers. (a) No Warranties or Guarantees. Except as explicitly set forth in this Agreement, County makes no warranties or guarantees upon which Vero Beach Rotary may rely, and assumes no liability or obligation to Vero Beach Rotary, by providing any waiver, approval, consent or suggestion to Vero Beach Rotary in connection with this Agreement. (b) Facility Disclaimer. County shall have no liability or obligation whatsoever to perform or pay for any improvements, alterations, or repairs in connection with the Kids Triathlon. County assumes no responsibility for circumstances that may require the closing of the Complex due to conditions that would render it unfit for public usage due to inclement weather, state health department or other regulatory agencies' requirements. In the event of such occurrence, it is the responsibility of Vero Beach Rotary to obtain alternative facilities and County would refund any fees for unused full days only (no partial day refunds), and thereupon County shall have no further liability to Vero Beach Rotary in this regard. 13. Governing Law. The laws of the State of Florida shall govern this Agreement and any and all legal action instituted because of this Agreement shall be instituted in Indian River County for all court matters, and in the Southern District of Florida for all federal court matters. 14. Entirety of Agreement. This Agreement incorporates and includes all prior negotiations, correspondence, conversations, agreements, or understandings of the 4