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shall be made 30 days prior to the date of the opening ceremonies for that
<br />particular year.
<br />9. If Special Olympics does not pay all fees and provide all necessary
<br />insurance certificates within the times specified herein, this Agreement shall be
<br />void.
<br />10. Indemnifications and Waiver of Claims. Special Olympics assumes all
<br />risks and agrees to indemnify fully and save and hold harmless the County, its
<br />officers, employees, and agents, against all claims, damages, losses, judgments,
<br />liabilities, accidents or injuries to person(s) or property, and causes of action,
<br />including reasonable attorney's fees and court costs, arising out of, or caused
<br />directly or indirectly, by conduct, acts, omission, or negligence of any participants
<br />in the event, Special Olympics, its visitors, agents, and employees. The County,
<br />its officers, employees, and agents, shall not be liable for, and Special Olympics
<br />hereby releases all claims for, damages to, or Toss of, personal property
<br />sustained by Special Olympics, its visitors, agents, and employees, or any
<br />person claiming by or through Special Olympics, resulting from any fire, accident,
<br />occurrence, theft, or condition in or upon the Facility or the North County
<br />Regional Park facilities of which it is a part, or of adjoining or contiguous
<br />property, facilities, or buildings, provided such are not due to the sole negligence
<br />of County, its officers, agents or employees.
<br />11. Cancellation. This Agreement is subject to cancellation by either Special
<br />Olympics or the County, provided written notification is received by the non -
<br />canceling party 60 days prior to the opening ceremonies, without penalty or
<br />obligation on the part of the cancelling party.
<br />12. Facility Unavailability Disclaimer. The County assumes no responsibility
<br />for circumstances that may require the closing of the facility due to conditions
<br />that would render it unfit for public usage due to inclement weather, state health
<br />department or other regulatory agencies' requirements. In the event of such
<br />occurrence, it is the responsibility of Special Olympics to obtain alternative
<br />facilities and the County would refund any fees for unused full days only (no
<br />partial day refunds), and thereupon the County shall have no further liability to
<br />Special Olympics.
<br />13. Approval. The County Administrator shall have the final recommending
<br />authority on this Agreement.
<br />14. Governing Law. The laws of the State of Florida shall govern this
<br />Agreement and any and all legal action instituted because of this Agreement
<br />shall be instituted in Indian River County for all court matters, and in the Southern
<br />District of Florida for all federal court matters.
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