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provide training for and immediate supervision of its agents or employees utilizing the New <br />Smyrna Beach Police Department=s Pistol Range during such times as said range is used by <br />Permittee. <br />5. Permittee shall indemnify and save harmless New Smyrna Beach, its agents <br />and employees, from and against all claims, suits, actions, damages or causes of action <br />arising during the term of this Agreement for any personal injury, loss of life or damage to <br />property sustained by reason or as a result of its use of the premises, and against any <br />orders, 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 either party set forth in Section 768.28, Florida <br />Statutes. <br />6. 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 />7. New Smyrna Beach shall not be responsible for any damages incurred by <br />Permittee as a result of said range being temporarily inoperable for any reason. <br />8. This Agreement is and shall be considered to be the only Agreement <br />concerning the pistol range between the parties hereto. All negotiations and all agreements <br />of said parties are included herein. There is a separate Agreement for use of the Training <br />Facility. <br />9. The ter! of this Agreement shall commence on the day of <br />2010 provided that this Agreement may be canceled by either party <br />upon furnishi g 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 />THE CITY OF NEW SMYRNA BEACH, a <br />Page 2of3 <br />