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3 . General Requirements of Insurance . Any deductibles or self insured retentions greater than $ 5 , 000 must be approved by the Risk Manager for Indian River County with the ultimate responsibility for same going to Tenant . Tenant' s insurance coverage shall be primary . All above insurance policies shall be placed with insurers with a Best' s rating of no less that A + VII . The insurer chosen shall also be licensed to do business in Florida . The insurance policies procured shall be per occurrence policies or as generally available on the open insurance market . The Insurance Carriers shall supply Certificates of Insurance evidencing such coverage to the Indian River County Risk Management Department upon execution of this Contract . The insurance companies selected shall send written verification to the Indian River County Risk Management Department that they will provide 30 days written notice to the Indian River County Department of Risk Management of its intent to cancel or terminate said policies of insurance . 4 . Indemnification . The Tenant shall indemnify , defend , save , and hold harmless the County , its agents , officers , and employees , from any losses , fines , penalties , costs , damages , claims , demands , suits , and liabilities of any nature , including attorney ' s fees , ( including regulatory and appellate fees ) , arising out of or because of any acts , action , neglect , or omission by the Tenant , or due to any accident , happening , or occurrence on the property or arising in any manner from the exercise or attempted exercise of the Tenant' s rights hereunder whether the same regards person or property of any nature whatsoever , regardless of the apportionment of negligence , unless due to the sole negligence of the County . The Tenant' s obligation to indemnify , defend and pay for the defense or at the County ' s option , to participate , and to associate with the County in the defense and trial of any claim and any related settlement negotiations , shall be triggered by the County ' s notice of claim for indemnification to the Tenant . The Tenant' s inability to evaluate liability or its evaluation of liability shall not excuse the Tenant' s duty to defend and indemnify within seven days after such notice by the County is given by registered mail . Only an adjudication or judgment after the highest appeal is exhausted specifically finding the County solely negligent shall excuse performance of this provision by the Tenant . The Tenant shall pay all costs and fees related to this obligation and its enforcement by the County . The County ' s failure to notify the Tenant of a claim shall not release the Tenant of the above duty to defend . 5 . Notice of Claims . County and Tenant shall give prompt notice to the other of any third party claims made against either or both of them , and shall cooperate fully with each other and with any insurance carrier to the end that all such claims will be properly investigated , defended and adjusted . 6 . Failure to Maintain Insurance . Failure to maintain such insurance will be deemed as a cause for termination of this agreement . 5