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the policies, addressed to the City and the County, stating that ( 1 ) the general liability insurance policy is an " occurrence policy" ( 2 ) all insurance coverage 's required in this paragraph are included in the insurance policies issued and ( 3 ) that there are no claims pending that would reduce the amount of the insurance coverage being provided to the City and the County. 7 . INDEMNIFICATION : Except where a claim arises from the acts or omissions of the City or its employees, FFLF, Inc . shall indemnify, defend, and hold harmless the City and the County from and against any and all claims, demands, losses, liabilities, judgements and expenses of any nature whatsoever, including reasonable attorneys ' fees both at trial and appellate level and all costs of litigation , which may be asserted against or imposed upon the City or the County or the City's title to or interest in its property which may arise out of or be attributable to, directly or indirectly; ( a ) any act, whether negligent or willfull or omission by FFLF, Inc . or any of its agents, personnel or vendors ( b ) injury or death of any person, including without limitation, the general public, or loss or damage to any property including property of the general public, ( c ) any failure by FFLF, Inc . to perform or comply with any of the covenants, agreements, terms, or conditions to be performed or complied with under this Contract or ( d ) claims made by the personnel of FFLF, Inc . or any of its contractors, vendors, etc against the City or the County. FFLF, Inc . waives its entitlement, if any, to immunity under Section 440 . 11 , Florida Statutes . Nothing contained herein shall be construed as a waiver of any immunity from , or limitation of, liability the City and the County may have under the Doctrine of Sovereign Immunity of Section 768 . 28 Florida Statutes . 8 . RESTORATION OF SITE : FFLF, Inc . covenants that all City and County property and facilities used in connection with the Festival will be reasonably protected against damage and that following the Festival, FFLF, Inc . shall provide for all necessary clean- up, repair and restoration of such property to its condition prior to the event, so that such public property is in the same condition it was before the Festival . A joint inspection will be performed before and after the Festival to determine compliance with this Article . 9 . WAIVER: The failure of the City or the County to take action with respect to any breach of any term , convenant or condition contained herein, or any instance of default hereunder by FFLF, Inc . , shall not be deemed to be a waiver by the City or the County of any other default or breach . 10 . LEGAL FEES AND COSTS : The party who prevails in any claim or action brought under this Contract shall be entitled to costs and expenses of such suit including reasonable attorneys ' fees, from the non - prevailing party . 4