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e <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 /> IN WITNESS WHEREOF , said District has caused these presents to be <br /> executed in its name by its Secretary and its corporate seal hereto affixed, by due <br /> authority of its Board of Supervisors , this day of , 200_ . <br /> Signed, sealed and delivered <br /> In the presence of: INDIAN RIVER FARMS WATER <br /> CONTROL DISTRICT <br /> By : <br /> David E . Gunter, Secretary <br /> as to the District <br /> ( SEAL) <br /> 5 <br />