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shall , at least ten ( 10) days prior to Licensee ' s use or occupancy of the Premises , provide to the
<br /> Licensor a certificate of worker' s compensation insurance , including employer' s liability, with a
<br /> limit of $ 100 , 000 each accident, $ 500 , 000 disease (policy limit) , $ 100 , 000 disease each
<br /> employee , in compliance with all state and federal laws , and in accordance with the Licensor ' s
<br /> Administrative Policy Manual . All required insurance shall be issued by a company that is
<br /> authorized to do business in the State of Florida and that has a rating equal to or exceeding A-VII
<br /> from A . M . Best' s Insurance Guide . The Licensee shall provide to the Licensor at least thirty (30)
<br /> days ' written notice addressed to the Licensor' s risk manager, prior to cancellation or reduction
<br /> in coverage of this cell site only of any required insurance . Licensee shall cause any contractor or
<br /> subcontractor performing any work on the Property to provide to Licensor certificates of
<br /> insurance under the same conditions and with the same policy limits as required of the Licensee .
<br /> (d) The Licensee hereby releases and holds harmless the Licensor, and the Licensor ' s
<br /> officers , employees and agents, from and against any and all claims for damages , costs , third
<br /> party claims , judgments , and expense to persons or property that may arise out of, or
<br /> be
<br /> occasioned by, Licensee ' s use or occupancy of the Premises and of the Property, or from any act
<br /> or omission of any representative , agent, client, and/or employee of Licensee , and Licensee shall
<br /> indemnify the Licensor against any such claims and any judgments that may be entered in
<br /> connection therewith, including attorney fees . It is the intention of this indemnification
<br /> agreement on the part of Licensee , and a condition of this agreement, that Licensee shall fully
<br /> indemnify the Licensor and the Licensor ' s officers , employees , and agents , against any kind or
<br /> character of claim whatsoever that may be asserted against the Licensor or against the Licensor' s
<br /> officers , employees , or agents , excepting , however, such liabilities and losses as may be due to or
<br /> caused by the acts or omissions of Licensor or its officers , employees , or agents . . Licensee
<br /> hereby agrees to defend any and all suits , claims, and causes of action brought against the
<br /> Licensor or against the Licensor ' s officers, employees , or agents , arising out of or in connection
<br /> with Licensee use or occupancy of the Premises and of the Property , and Licensee agrees to pay
<br /> any judgment or judgments , including attorney fees, that may be rendered against the Licensor or
<br /> against any of the Licensor ' s officers , employees , or agents , in connection therewith .
<br /> (e) Upon termination of this Agreement Licensee shall promptly remove all its equipment and
<br /> shall at Licensee ' s sole expense restore the Property to the same condition in which it was prior to
<br /> Licensee ' s use, except for normal wear and tear and damage covered by casualty insurance .
<br /> 15. NOTICES.
<br /> All notices hereunder must be in writing and unless otherwise provided herein shall be deemed
<br /> validly given if sent by certified mail , return receipt requested, addressed as follows (or to any other
<br /> mailing address which the party to be notified may designate to the other party by such notice) or as
<br /> otherwise provided under applicable state law. Each party shall promptly notify the other party of a
<br /> change of address as provided in this paragraph . Unless Licensor specifies otherwise in writing,
<br /> Licensee shall direct license fee checks to Licensor at Licensor ' s address set forth in this paragraph.
<br /> LICENSEE : Name : Nextel South Corp . .
<br /> Address : 851 Trafalgar Court . , Suite 300 East
<br /> City/State/zip : Maitland, FL 32751
<br /> Attn : Property Manager : (407 - 838 - 5334)
<br /> With a copy to : Nextel Communications
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<br />2005 .doc
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