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Department's Office without demand. Failure to remit payment within 30 days of use of <br />the facility may result in the accrual of interest at the approved statutory rate and may <br />result in the immediate suspension and/or termination of LICENSEE'S privileges herein. <br />4. CONDITION OF PREMISES. The LICENSEE acknowledges and agrees that it <br />is temporarily using and occupy the Premises without any warranties or representations <br />by LICENSOR as to the condition or suitability of the Premises for the uses intended, and <br />agrees to maintain the Premises in a clean and usable condition and will be responsible <br />for all reasonable necessary and/or appropriate clean up and restoration of the Premises <br />after each use by the LICENSEE. If the Premises are not returned to a clean and usable <br />condition, as determined in the sole discretion of the LICENSOR, the LICENSOR reserves <br />the right to restore the Premises and the cost of such shall be paid by the LICENSEE. <br />5. INDEMNITY/HOLD HARMLESS. <br />a. If LICENSEE is a municipality, county, state or federal governmental entity, <br />LICENSEE agrees to the extent permitted by F.S. § 768.28 or the Federal Tort Claims Act, <br />28 U.S.C. 2671 et seq. (FTCA) to indemnify and hold LICENSOR harmless from any <br />damages sustained as a result of the LICENSEE's use of the Premises and the negligent <br />or wrongful act or omission of LICENSEE's officers, agents, employees or representatives <br />arising out of its use or occupancy of the Premises. <br />b. If the LICENSEE is a private or non-governmental agency, LICENSEE <br />agrees, with the respect to its use and occupancy of the Premises to defend LICENSOR, <br />its agents, servant, employees, officers and directors, against any, all and every demand, <br />claim, assertion of liability, or action arising or alleged to have arisen out of any act or <br />omission of LICENSEE, its officers, agents, employees or representatives, and to <br />indemnify and hold LICENSOR harmless for any damages sustained as a result of <br />LICENSEE'S use or occupancy of the Premises, including bodily injury and property <br />damage. <br />C. The LICENSEE agrees to repair or replace any damage to the Premises and <br />to any real or personal property of the LICENSOR or third parties caused by the acts or <br />omissions of the LICENSEE and occurring while the Premises are under the control and <br />use of LICENSEE, and further agrees to be solely responsible for any award or payment <br />and expenses (including any right of subrogation) of any workers' compensation claim <br />by any of the LICENSEE'S officers, employees or appointees that may result from the use <br />of the Premises or activities thereon. <br />2 <br />