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access, starting dates, location of pipeline within the Park and the distance of dredged material disposal into the Park, shall be identified at the pre-construction meeting and approved by the Park Manager and/or DRP. Issues arising from the pre-construction meeting will be resolved by mutual agreement between GRANTOR and GRANTEE. 6. RIGHT OF INSPECTION: GRANTOR, DRP or their duly authorized agents shall have the right at any time to inspect the works and operation of GRANTEE, pertaining to this use agreement. 7. PROPERTY RIGHTS: This use agreement constitutes permissive use only, and the placing of temporary or permanent facilities or related structures upon public property pursuant to this use agreement is prohibited. GRANTEE agrees that it does not and shall not claim at any time any interest or estate of any kind or extent whatsoever in the premises, by virtue of this use agreement or its occupancy or use hereunder. 8. USE OF PROPERTY: This use agreement shall be non-exclusive. GRANTOR, DRP, or their duly authorized agents, shall retain the right to enter the premises covered by this use agreement or to engage in management activities not inconsistent with the use herein provided for, and GRANTOR shall retain the right to grant compatible uses of the premises subject to this use agreement to third parties during the term of this use agreement. 9. LIABILITY: In consideration of the privilege herein granted, GRANTEE will not claim any damages from GRANTOR or DRP in connection with or on account of any injuries or damages arising in or on the premises while being used by GRANTEE and its agents, representatives and employees. GRANTEE shall maintain a program of insurance covering its liabilities as prescribed by Section 768.28, F.S., and shall be responsible for the acts or omissions of its officers, employees, representatives, and agents in the event that such acts or omissions result in injury to persons or damage to property. GRANTOR does not warrant or represent that the premises are safe or suitable for the purpose for which GRANTEE is permitted to use them, and GRANTEE assumes all risks in its use. 10. ASSIGNMENT: This use agreement is personal to GRANTEE and may not be transferred or assigned without the prior written approval of GRANTOR it . REMOVAL OF DEBRIS: GRANTEE shalt clear, remove and pick up all of its debris including but not limited to mud containers, oil containers, papers, discarded tools and trash foreign to the work locations and dispose of the same offsite in such a manner as to leave work locations clean and free of any such debris on a daily basis. 12. ARCHAEOLOGICAL AND HISTORIC SITES: Execution of this use agreement in no way affects either of the parties' obligations pursuant to Chapter 267, Florida Statutes. The collection of artifacts or the disturbance of archaeological and historic sites on state-owned lands is prohibited unless prior authorization has been obtained from the Division of Historical Resources, State of Florida Department of State. 13. TRIPLICATE ORIGINALS : This use agreement is executed in triplicate originals each of which for all purposes shall be considered an original. 14. COMPLIANCE WITH LAWS: This use agreement is contingent upon and subject to GRANTEE obtaining all applicable permits and complying with all applicable permits, regulations, ordinances, rules, and laws of the State of Florida, the United States or of any political subdivision or agency thereof. 15 . RESPONSIBILITY FOR COMPLIANCE: GRANTEE shall bear the full and ultimate responsibility and liability to GRANTOR for the faithful and timely compliance with the terms and conditions set forth herein. 16. TITLE: GRANTOR neither warrants title to the premises nor guarantees the suitability of the premises for any particular use. 17. DAMAGE: GRANTEE shall not damage the premises, or unduly interfere with public or private rights therein. 18. VENUE: GRANTEE waives venue as to any litigation arising from matters relating to this use agreement and any such litigation between GRANTOR and GRANTEE shall be limited and maintained only in Leon County, Florida - 19. "TERMINATION: GRANTEE by acceptance of this use agreement, binds itself, its successors and assigns, to abide by the provisions and conditions herein set forth, and said provisions and conditions shalt be deemed covenants of GRANTEE, its successors and assigns. In the event GRANTEE fails or refuses to comply with the provisions and conditions herein set forth or in the event GRANTEE violates any of the provisions and conditions herein, the GRANTOR shall give notice to GRANTEE that curative action must be completed within Page 2 of 7 Use Agreement U-0354