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agents, employees, invitees, and all other persons, and from and against any orders, <br />judgments, or decrees which may be entered thereto, and from and against all costs, <br />attorney fees, expenses and liabilities incurred in or by reason of the defense of any claim, <br />suit or action, and the investigation thereof. Nothing in this Agreement shall be deemed to <br />affect the rights, privileges and immunities of a party as set forth in Section 768.28, Florida <br />Statutes. <br />5. Permittee shall not assign this Agreement, or any portion thereof, to any other <br />person without the consent of New Smyrna Beach in writing, nor shall it permit any officer, <br />agent or employee or any other party to use said premises without a written request and <br />written consent from New Smyrna Beach. <br />6. New Smyrna Beach shall not be responsible for any damages incurred by <br />Permittee as a result of said training facility being temporarily inoperable for any reason. <br />7. This Agreement is and shall be considered to be the only Agreement <br />concerning the training facility between the parties hereto. All negotiations and all <br />agreements of said parties relating to the Training Facility are included herein. There is a <br />separate Agreement for use of the New Smyrna Beach Police Department Pistol Range. <br />8. The ter of this Agreement shall commence on the day of <br />201B provided that this Agreement may be canceled by either party <br />upon furnishVng at least thirty (30) days written notice of cancellation upon the other party. <br />This Agreement shall automatically terminate one (1) year from the above date. <br />IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day <br />and year first above written. <br />WITNESSES: BY: <br />✓YIC <br />THE CITY OF NEW SMYRNA BEACH, a <br />municipal corporation of the State of Florida <br />Page 2 of 3 <br />