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MINNIE
<br /> 2001 Edmund Halle
<br /> Reston, VA 20191 - 3436
<br /> Attn : Regional Legal Services , Contracts Manager
<br /> LICENSOR: Indian River County Board of County Commissioners
<br /> 1840 25th Street, Vero Beach, FL 32960
<br /> Attention : Terry Smith, Telecommunications Manager
<br /> General Services Department
<br /> Phone : (772) 567- 8000 , Ext, 1318
<br /> 16. HAZARDOUS SUBSTANCES .
<br /> Licensee shall not use, generate, store or dispose of any Hazardous Material (defined below) on,
<br /> under, about or within the Property or the Premises in violation of any law or regulation. Licensee
<br /> agrees to defend, indemnify and hold harmless the Licensor and the Licensor' s officers, agents and
<br /> employees against any and all losses , liabilities , claims and/or costs, including reasonable attorney
<br /> fees and costs, arising from Licensee ' s breach this paragraph. As used in this paragraph,
<br /> "Hazardous Material " shall mean petroleum or any petroleum product, hydrocarbons, asbestos, any
<br /> substance known to cause cancer and/or reproductive toxicity, and/or any substance, chemical or
<br /> waste that is identified as hazardous, toxic or dangerous in any applicable federal , state or local law
<br /> or regulation. This paragraph shall survive for one ( 1 ) year after expiration or termination of this
<br /> Agreement.
<br /> Licensor warrants, represents , and agrees that neither the Licensor nor, to the best of Licensor' s
<br /> knowledge, any third party has used, generated, stored, or disposed of any Hazardous Materials
<br /> in, on, or under the Leased Premises , Property and contiguous surrounding property . "Hazardous
<br /> Materials" shall mean petroleum or any petroleum product, asbestos , and any other substance,
<br /> chemical , or waste that is identified as hazardous , toxic , or dangerous in any applicable federal ,
<br /> state , or local law, rule, regulation, order or ordinance . To the extent permitted by law, Licensor
<br /> agrees to be responsible for and hold Licensee harmless from any and all claims , damages, fines,
<br /> judgments , penalties , costs , liabilities or losses (including, without limitation, any and all sums
<br /> paid for settlement of claims , attorneys ' fees and consultants ' and experts ' fees) from the
<br /> presence or release of any Hazardous Materials on Licensor ' s Property or contiguous surrounding
<br /> property unless caused by Licensee or persons acting under Licensee .
<br /> 17 . SALE OR TRANSFER BY LICENSOR.
<br /> Licensor agrees not to subsequently sell , lease , or use any areas of Licensor' s Property for the
<br /> installation, operation, or maintenance of other wireless communications facilities if, such
<br /> installation, operation, or maintenance would interfere with Licensee ' s facilities as determined by
<br /> radio propagation tests performed by subsequent licensee at subsequent licensee ' s expense . If the
<br /> radio frequency propagation tests demonstrate levels of interference unacceptable to Licensee,
<br /> Licensor shall be prohibited from subsequent licensing that area of Licensor' s Property at that
<br /> frequency. Licensor shall not be prohibited from the selling, leasing , or use of any of Licensor ' s
<br /> Property for non-wireless communication use .
<br /> 18. CONDEMNATION.
<br /> In the event that the whole of the Property, including without limitation the Property and Elevated
<br /> Tank, shall be taken or condemned , either temporarily or permanently, for public purposes , or sold
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<br /> 2005.doc
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