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(e) acknowledges that in the event that the park's Thorguard lightning detention system sounds
<br />an alarm warning the public about the proximity of lightning in the area, the applicant will
<br />stop play and clear the Courts until the all clear sound is made by the system.
<br />(f) acknowledges that the County may immediately terminate the Event if the National Weather
<br />Service issues a severe weather warning, or imminent severe weather conditions develop in
<br />the area indicating a risk to public safety, or a state of emergency has been declared.
<br />Applicant hereby waives any rights and all claims for damages against the County that may
<br />result from the exercise of the rights reserved herein.
<br />i. In the event any part of the Facilities are damaged or unsafe for use to due to a
<br />hurricane, fire, water, or any other cause, or if any other casualty or unforeseen
<br />occurrence shall render the fulfillment of the Agreement by the County impossible
<br />for the event, the County shall refund all fees to the applicant.
<br />(g) represents and warrants to the County that Applicant's employees, invitees, licensees,
<br />contractors, assignees, contestants, exhibitors and performers by their speech, song, music,
<br />conduct or manner will not violate or incite others to violate any statute, law, ordinance, rule,
<br />regulation or order of any federal, state, municipal or other governmental authority.
<br />13. The County and its officers, agents and employees engaged in the operation and maintenance of
<br />the Premises reserve the right to enter upon and to have free access to the Premises at any and all
<br />times, which reservation is hereby acknowledged and agreed to by Applicant.
<br />14. Applicant releases and forfeits any right of action against the County or its members, officials,
<br />employees and agents from any liabilities, claims for damages, losses, and costs which arise out
<br />of or in connection with the Events and to the fullest extent permitted by law, indemnifies, defends
<br />and saves the County and County's members, officials, officers, employees and agents harmless
<br />(1) against all liability, claims for damages, and suits for or by reason of any injury to any person,
<br />including death, and damage to any property for every cause in any way connected with the Event
<br />irrespective of negligence, actual or claimed, upon the part of the County, its agents and
<br />employees, except where caused by the willful and wanton acts of County officials, officers,
<br />employees and agents, and (2) from all expenses incurred by the County for police protection, fire
<br />protection and emergency medical services, restoration and clean up, sanitation and maintenance
<br />costs and expenses that are required to preserve public order and protect public health, welfare and
<br />safety on the Premises of the Event.
<br />15. At least 30 days prior to the License Duration, the Applicant shall, without limiting Applicant's
<br />liability submit certificates of insurance naming "Indian River County, FL" as additional insured
<br />and shall:
<br />Procure and maintain at Applicant's sole expense, insurance of the types, coverages and amounts not
<br />less than stated below:
<br />Schedule I Limits I
<br />Commercial General Liability — No more restrictive than Is1,000,000 Each Occurrence Combined
<br />ISO Form CG0001 (including property damage, Single Limit
<br />Indian River County Parks, Recreation & Conservation License Agreement
<br />Page 5 of 10
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