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40 Am Cl that the ASSOCIATION shall fully and totally indemnify the COUNTY against any kind or character of claim whatsoever, except as a result of the COUNTY's negligence, that may be asserted against the COUNTY or against the COUNTY's officers, employees, or agents. ASSOCIATION hereby agrees to defend any and all suits, claims, and causes of action brought against the COUNTY arising out of or in connection with the Fair, except as a result of the COUNTY's negligence, and pay any judgment or judgments that may be rendered against the COUNTY or against the COUNTY's officers, employees, or agents in connection therewith. 9. ASSOCIATION shall be responsible for the payment and approval of all expenses arising from and related to the promotion and operation of the Fair. ASSOCIATION shall pay to COUNTY on or before June 30, 2001, one-third of the net profits from the Fair for the use of the County Fairgrounds, to be held by the COUNTY in a separate account, which the COUNTY shall use for future Fairgrounds Improvements. 10. The COUNTY will provide trash containers and garbage collection. The ASSOCIATION will pay for water service and sewage pickup for the Fair. 11. The ASSOCIATION shall provide sanitation and adequate restroom facilities, in accordance with all applicable laws and regulations and to the COUNTY's satisfaction, for persons attending the Fair. 12. The ASSOCIATION shall endeavor in good faith to procure a midway and provide staff to operate the Fair. However, in the event that the ASSOCIATION fails to enter into a contract to provide a midway or if the ASSOCIATION determines that it cannot adequately staff the Fair, then ASSOCIATION shall provide notice to COUNTY at least Eft days before the Fair is to open that it will not manage the Fair, in which case the COUNTY may take whatever steps it deems appropriate. Any expenses incurred by the COUNTY in connection with the ASSOCIATION's failure to operate the Fair shall be paid by the ASSOCIATION. IN WITNESS WHEREOF, the proper officials of COUNTY and ASSOCIATION have executed this agreement, effective on the date first written above. Attest: J. K. Barton, Clerk Deputy Clerk Witness: sign tri_« r�C . �.� l.tr f printe name: /Wdtft . WOM( 1 Witness: I' signLf I ( !.. printed ame: BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By -e tJ ua��CW-IL Caroline D. Ginn, airman INDIAN RIVER COUNTY FAIR CIA ION, INC. By 11f,� oe H. Earfnan, President 1142n AV* C0. Aggroved Dale Admin d L ❑epi. Risk Mgr,}