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(b) shall not alter landscaping, fencing or any permanent structure nor shall there be any
<br />obstruction to ingress and egress to and from the Premises without the express written
<br />consent by the County.
<br />(c) acknowledges that the County shall have the sole right to collect and have the custody of
<br />articles left at the Premises by persons attending any Event given or held on the Premises,
<br />and Applicant or any person in Applicant's employ shall not collect or interfere with the
<br />collection or custody of such articles.
<br />(d) acknowledges that the County reserves the right to eject any person reasonably deemed
<br />violent or otherwise dangerous to health, safety, and welfare.
<br />(e) 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 iG Center is 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 />(f) 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 />14. The County and its officers, agents and employees engaged in the operation and maintenance of the
<br />Premises reserve the right to enter upon and to have free access to the Premises at any and all times,
<br />which reservation is hereby acknowledged and agreed to by Applicant.
<br />15. Applicant releases the County or its members, officials, employees and agents from any liabilities,
<br />claims for damages, losses, and costs which arise out of or in connection with the Event resulting in
<br />whole or part from any act or omission of the Applicant, or its officers, employees, agents or anyone
<br />acting under Applicant, and to the fullest extent permitted by law, indemnifies, defends and saves
<br />the County and County's members, officials, officers, employees and agents harmless (1) against all
<br />liability, claims for damages, and suits for or by reason of any injury to any person, including death,
<br />and damage to any property for every cause in any way connected with the Event resulting in whole
<br />or part from any act or omission of the Applicant, or its officers, employees, agents or anyone acting
<br />under Applicant, except where caused by the negligence or omissions or willful and wanton acts of
<br />County officials, officers, employees and agents, and (2) from all expenses incurred by the County
<br />for police protection, fire protection and emergency medical services, restoration and clean up,
<br />sanitation and maintenance costs and expenses that are required to preserve public order and protect
<br />public health, welfare and safety on the Premises of the Event. Nothing contained herein is intended
<br />nor shall be construed to waive the School Board of Indian River County's rights and immunities
<br />under the common law or Florida Statutes including, but not limited to, Florida Statutes 768.28, as
<br />amended from time to time.
<br />iG License Agreement Page 9 of 19
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