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licensees which may be related in any way to Casselberry's or the general public's use of the
<br />Easement Area or the trail improvements therein located. Notwithstanding the foregoing, and to
<br />the fullest extent permitted by law, Casselberry is and shall be solely, directly, primarily and
<br />personally liable and responsible for payment of any and all actions, claims, damages and loss,
<br />including costs and attorney's fees, occasioned by or arising in any manner whatsoever, directly
<br />or indirectly, by reason of any actual or claimed condition of the Easement Area, or by
<br />Casselberry's or the general public's use of the Easement Area or trail improvements therein
<br />located, which exceed such liability insurance coverage. In the event of any damages or injuries,
<br />Casselberry shall immediately report the nature and extent thereof to Progress Energy's nearest
<br />local office.
<br />9. Indemnification. To the fullest extent permitted by law, and in accordance with
<br />Section 768.28, Florida Statutes, Casselberry shall protect, defend, hold harmless and indemnify
<br />Progress Energy, and Progress Energy's employees, agents and contractors, from and against any
<br />and all expense, responsibility, liability, actions, claims, damages and loss, including costs and
<br />attorney's fees, for personal injury, death or property damage, loss or destruction (whether as to
<br />Progress Energy's property or the property of others), occasioned by, resulting from, or arising in
<br />any manner whatsoever, directly or indirectly, by reason of any actual or claimed condition of
<br />the Easement Area, or by Casselberry's or the general public's use of the Easement Area or trail
<br />improvements located therein, or from the exercise of the rights granted by the Easement.
<br />Casselberry's indemnity obligation shall include, without limitation, any negligent acts,
<br />omissions to act, or willful misconduct, whether active or passive, on the part of Casselbeny, its
<br />contractors and agents or the general public and shall extend to claims asserted after the
<br />termination of the Easement to the extent that the damage, injury or loss occurred, resulted or
<br />arose during the term of the Easement. Casselberry's indemnity obligations shall extend to the
<br />joint or concurrent negligence of Casselberry and Progress Energy but shall not extend to willful
<br />misconduct of Progress Energy, its contractors or agents. Nothing herein shall be construed as a
<br />waiver of sovereign immunity beyond the extent of that provided for in Section 768.28, Florida
<br />Statutes.
<br />10. Limitation of Pro ess Energy's LiabilitX. In accordance with the provisions of
<br />Section 375.251, Florida Statutes, Progress Energy: (a) shall owe no duty of care to keep the
<br />Easement Area safe for entry or use by others, or to give warning to persons entering or going on
<br />the Easement Area of any hazardous conditions, structures or activities thereon; (b) shall not be
<br />presumed to extend any assurance that the Easement Area is safe for any purpose; (c) shall not
<br />incur any duty of care toward a person who goes on the Easement Area; and (d) shall not become
<br />liable or responsible for any injury to persons or property caused by the act or omission of a
<br />person who goes on the Easement Area; EXCEPT, however, to the extent any such liability
<br />would otherwise exist for Progress Energy's deliberate, willful or malicious injury to persons or
<br />property.
<br />11. Upon Casselberry's abandonment of the Easement Area for recreational trail
<br />purposes, Casselberry shall remove all of its improvements and execute and deliver to Progress
<br />Energy a release of the Easement in recordable form. Upon termination of-the Easement,
<br />Casselberry shall at its own expense restore the entire disturbed surface of the Easement Area as
<br />near as practicable to that condition which existed as of the time the Easement is granted, or by
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