|
6 . INDEMNIFICATION AND WAIVER OF CLAIMS , The User Group assumes all risks and
<br /> agrees to indemnify fully and save and hold harmless the County , its officers , employees , and
<br /> agents ( hereinafter individually and collectively referenced as " Indemnified County Parties" ) , and
<br /> MiLB , their respective owners , share holders , officers , employees , representatives , agents ,
<br /> heirs , successors , and assigns ( hereinafter individually and collectively referenced as
<br /> " Indemnified MiLB Parties " ) against all claims , losses , damages , judgments , liabilities , accidents
<br /> or injuries to person (s ) or property , and causes of action , including reasonable attorney ' s fees
<br /> and court costs , arising out of , or caused directly or indirectly , by the conduct , acts , omissions
<br />,
<br /> negligence , or willful misconduct of any participant in the event , the User Group , its visitors ,
<br /> agents , and employees . The Indemnified County Parties , and the Indemnified MiLB Parties
<br /> shall not be liable for damages to , or loss of , personal property sustained by the participants in
<br /> the event , the User Group , its visitors , agents , employees , or any person claiming by or through
<br /> the User Group or any of the foregoing , resulting from any fire , accident , occurrence , theft ,
<br /> or
<br /> condition in or upon the Stadium , provided such are not due to the sole negligence or
<br /> willful
<br /> misconduct of the Indemnified County Parties or the Indemnified MiLB Parties . This
<br /> indemnification paragraph shall survive the expiration or sooner termination of this Agreement .
<br /> 7 . CANCELLATION . This Agreement is subject to cancellation by either the User Group or the
<br /> County as set forth in Exhibit 1 .
<br /> 8 . FACILITY UNAVAILABILITY DISCLAIMER , The County assumes no responsibility for
<br /> circumstances that may require the closing of the Stadium facility due to conditions that would
<br /> render it unfit for public usage due to inclement weather , state health department or other
<br /> regulatory agencies requirements . In the event of such occurrence it is the responsibility of the
<br /> User Group to obtain alternative facilities and the County shall have no liability whatsoever to
<br /> the User Group .
<br /> 9 . GOVERNING LAW . The laws of the State of Florida shall govern this Agreement and any and
<br /> all legal action shall be instituted in Indian River County for all state court matters and
<br /> in the
<br /> Southern District of Florida for all federal court matters .
<br /> 10 . ENTIRETY OF AGREEMENT , The Agreement incorporates and includes all prior and
<br /> contemporaneous negotiations , correspondence , conversations , agreements , or understandings
<br /> applicable to the matters contained herein and the parties agree that there are no commitments ,
<br /> agreements , or understandings of any nature whatsoever concerning the subject matter of this
<br /> Agreement that are not contained in this Agreement . No supplement , modification , or
<br /> amendment to this Agreement shall be binding unless signed in writing by the County and the
<br /> User Group .
<br /> 11 . SEVERABILITY . In the event that any of the provisions of this Agreement are deemed
<br /> unenforceable , the enforceability of the remaining provisions of this Agreement shall not be
<br /> affected .
<br /> 12 . ASSIGNMENT , User Group shall not grant , assign , or otherwise convey to anyone any or
<br /> all of its rights to use the Stadium hereunder without the prior written consent and approval
<br /> of
<br /> the County and MiLB . The User Group shall use the Stadium only in the manner contemplated
<br /> in this Agreement .
<br /> 2
<br />
|