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i <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 , ipsofacto <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. His 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: <br /> INDIAN RIVER FARMS WATER <br /> CONTROL DISTRICT <br /> as to District By : <br /> David E . Gunter, Secretary <br /> ( SEAL) <br /> 5 <br />