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District, its agents or employees , whether by reason of the provisions of Chapter 5561, <br /> Florida Statutes , or otherwise , is Permittee ' s and not District ' s and , as a condition of this <br /> Permit, Permittee promises , covenants and agrees that neither Permittee , nor anyone <br /> claiming by, through or under Permittee , shall have any claim or cause of action against <br /> District by reason of such loss or damage . The parties hereto further acknowledge and <br /> agree that District has no obligation to allow Permittee to enter upon or use District ' s <br /> property or right-of-way , and does so only in consideration of Permittee ' s release of <br /> District from any responsibility or liability whatsoever, now or in the future , and <br /> Permittee agrees : that it is able , at its own expense , to insure against loss or damage , <br /> without granting any right of subrogation to claims against District, or Permittee is a <br /> self-insurer, warranting and representing to District that Permittee assumes all risk of loss <br /> or damage, and shall save and hold harmless District from any expense , loss , damage or <br /> claim in regard thereto , and the District assumes and shall have no liability in connection <br /> therewith including , without limitation, attorneys ' fees , fines and penalties . <br /> 19 . This Permit may not be assigned or subletted to a third part and any transfer <br /> of Permittee ' s property abutting District ' s property or right- of-way shall , ipso facto and <br /> without more , cancel , nullify and revoke this Permit . <br /> 20 . Should Permittee, during the term hereof, become a "member operator" , as <br /> defined by Florida Statutes , Section 556 . 102 (7) , then such membership shall , ipso facto <br /> and without more , cancel , nullify and revoke this Permit . <br /> 21 . In consideration of the grant of this Permit, Permittee , if a public or private <br /> body with the power of eminent domain, expressly waives and relinquishes any power of <br /> eminent domain or condemnation of the property as to which this Permit applies for the <br /> use for which the Permit is granted . This clause shall survive termination or expiration of <br /> this Permit. <br /> 5 <br />