|
.i
<br /> 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 loss 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.
<br /> 3
<br /> 74
<br />
|