N NEXTEL IN -BUILDING SERVICE AND EQUIPMENT AGREEMENT ("AGREEMENT")
<br /> 141
<br /> Customer Name: Indian River County , Florida ("Custtxner ) Address: 1840 25th Street
<br /> City: Vero BEach State': FL Phone: 772 - 226 - 1318
<br /> I Equipment Installation Address (if different from Customer Address):
<br /> \ `The following determines the Nextel contracting party to this Agreement: If CT, DC, DE, MA, MD, ME, NH, PA (except Pittsburgh metro area),
<br /> RI , VA VT and southern NJ : Nextel Communications of the
<br /> Mid-Atlantic, Inc. If CA or NV, Nextel of California , Inc. If NY or Northern NJ , Nextel of New York, Inc. If PR, Nextel of Puerto Rico,
<br /> Inc. If Texas, Nextel of Texas, Inc. If AL, AR, FL, GA, LA, MS, NC, SC, TN ,
<br /> Nextel South Corp. If AZ, CO, His ID, IL, IN , IA, KS , KY, MI , MN, MO, MT, NE, NM, ND, OH, OK, OR, SD, UT, WA, WV, WI , WY, and
<br /> Pittsburgh, PA metro area, Nextel West Corp. ("Nextel").
<br /> General description of equipment to be installed: Fees: 0 cost to customer
<br /> BDA and related cabling , antennas , ancillary Installation , cabling and other non-recurring costs:
<br /> equipment , and mounting materials . $ U
<br /> Monthly Use Fee: S
<br /> This Agreement supplements the terms and conditions in Customer's current ServicdSubsaiberManket Ordering Agreement (referred to as the 'Service Agreement'). In the event
<br />that Customer does not have a current SeMce Agreement with Nextel, Customer's use
<br /> of Nextel's service and equipment is governed by the terra and conditions set font on www.Nextel.comllerms as of the date of this Agreement. and this Agreement shall supplement
<br />those terns. These terms and conditions may be updated from time to time. It Is
<br /> Customer's responsibility to check the website and www.Nextel.convler s from time to fine. ff Customer does not accept any changes to the terns and conditions. Custorner
<br />may terminate this Agreement M accordance with Section 8(c) below.
<br /> 1 . LICENSENSE OF SPACE. Customer hereby grants to Nextel, a non-transferable (except to Nexlel's affiliated companies Interference cannot
<br />be corrected or eliminated, Nextel shah remove the BDA from Customer's premises, and this Agreement shall
<br /> providing Service) and non-exclusive limited license to install, maintain and operate certain wireless communications equipment immediately terminale.
<br /> ('Equipment" as defined herein) at the location described in Section 3 ('Premises") below. Nexlel understands and agrees that
<br /> the right to use Customers Premises is a limited license and Is not Intended to convey any real estate interest in and to the 5. BREACH. In
<br /> the event that Custortar fats to perform any other obligation under Ods Agreement, or becomes insolvent, assigns
<br /> Premises, and Nextel shat use the Premises solely and exclusively for the Installation, maintenance and operation of the Its assets
<br />for the benefit of creditors or enters (voluntarily or involuntarily) a bankruptcy proceeding, or any representation.
<br /> Equipment. warranty or covenant made by Customer Is false, incorrect or untrue in any material respect, Customer shall
<br /> be in default under
<br /> Ods Agreement. In event of a breach, Nextel shad have at of the rights set forth in the "Non-Payment/Breach"
<br />section the Service
<br /> 2. EOUIPMENT. Legal title to the d-directional amplifier ('BDA") and any and all ancillary equipment associated with the BDA Agreement.
<br /> M addition. Nextel shah have the right to enter the Premises and remove and take possession of the Equipment and
<br /> (cotlectively the "Equipment") shall at all times vest in Nextel. The Equipment Incudes, but is not limited to, the BDA and all Nextel may
<br />pursue any other remedies available to Nextel under to UCC or any oder law.
<br /> antenna, cables (coaxial and otherwise) and coaxial connectors Instated by Nextel on Customer's Premises. Customer's interest
<br /> In the Equipment shat be United to its possession and use; Customer Shell protect, and to the extent stowed by law indemnify 6. CUSTOMER REPRESENTATIONS
<br /> AND WARRANTIES. ff Customer does not own the Premises. Customer represents and
<br /> and defend Nextel's legal titre and shat keep the Equipment free and deer of any ten or encumbrance. Customer shat have to warrants that Customer has
<br /> obtained at necessary permission, consent and/or approvals necessary for the installation and
<br /> right to quiet enjoyment of the Equipment during the tern of this Agreement so long as no default has occurred, and provided that operation of the Equipment.
<br /> Customer represents and warrants to Nextel with regard to this Agreement that the execution,
<br /> Customer shat not have the right to remove or tamper with the Equipment. delivery and performance of tela Agreement have been duly authorized
<br />by all necessary action on to part of Customer, that this
<br /> Agreement constitutes a valid and binding obligation of Customer enforceable against Cuskxrer in accordance with
<br /> Its terns and
<br /> 3. PREMISES. The Equipment shat be installed at the Equipment Installation Address above (the "Premises"). Customer agrees Opel the individual
<br /> executing this Agreer emN on behalf of Customer Is duty authorized.
<br /> the Premises must meet Nextel's minimum requirements, including site preparation and the availability of adequate telephone
<br /> service and power source, in order for Nextel to install the Equipment. Nextel agrees it has Inspected the Premises and that to the 7. INSURANCE. Each party,
<br /> prior to the installation of the Equipment shall obtain and maintain the Insurance coverage spedUed
<br /> best of Its knowledge, the Premises are adequate for the installation of the Equipment. In the event the Premises are later herein to prated
<br /> it and the other party and shah provide the other party with certlUcates of such Insurance, which shall be subject
<br /> determined inadequate for the installation of the Equipment, the parties hereto agree this Agreement shat be terminated without to the approval of the
<br /> other party: (a) Workers' Compensation Insurance in accordance with the laws of the Slate where the
<br /> further liability to either party. Customer hereby grants Nextel access to the Premises for the purpose of installing, repairing, Premises are located
<br /> or any other applicable jurisdidbn; and (b) General Liability Insurance (Broad Form Liability Endorsement)
<br /> servicing, maintaining and removing the Equipment during Customer's standard working hours of operation (defined as 8:00 am on an occurrence basis with
<br /> a minimum combined single limit for Personal Injury, Properly Loss and Damage. Contractual and
<br /> through 5:00 pm Monday through Friday), except for situations when the Equipment affects public safety or causes interference Independent Contractor
<br /> of not less ten One Milton Dollars ($1 ,OOO,000.00); (c) Business Automobile liability Insurance with
<br /> to a Nextel cell site, and in such situations Customer shall give ail necessary consents and use best efforts to provide Nextel combined Single
<br /> Limit LW ft of riot less ten One Million Dollars ($1 00D,000.00). This coverage Is to Include: owned, hired and non-
<br /> access to the Premises twenty-four (24) hours a day, seven (7) days a week. Customer recognizes that such limitations on owned aulornobties.
<br /> The policies for the above-specified General Liability Insurance coverage shall be primary and noncontributory
<br /> Nextel's access to Its Equipment may Impede Nextel's ability to install, repair, service, maintain, or remove the Equipment and to any similar Insurance
<br /> and/or set-Insurance that each party maintain and shat name the other party as an additional insured.
<br /> may adversely affect the service Customer receives from the Equipment. Customer further recognizes and agrees that Nextel The above-mentioned certificates
<br /> shah be provided by the parties before the Installation of the Equipment begins, and within thirty
<br /> shall not be responsible for any degradaUon in service caused by Nextel's restricted access to the Premises. Customer agrees to (30) days of any renewal
<br /> of the policies. All of the aforesaid policies shat provide that the other party be given not less than ten
<br /> give Nextel at least ninety (90) days written notice of its Intend to vacate the Premises, after which Nextel shat have the right at (10) days
<br />prior written notice of any Intended cancellation or material amendment or endorsement of said policies.
<br /> anytime to remove the Equipment from the Premises. Nextel shall have no obligation to Install, operate or maintain the Equipment
<br /> in Customers new facility. Upon removal of the Equipment, Nextel shall restore the Premises to their condition al the beginning or 8. TERM AND TERMINATION.
<br /> The term of this Agreement Is one (1 ) year from the date of Customers signature hereof, and shat
<br /> this Agreement, ordinary wear and tear excepted. automatically renew in one (1 ) year increments unless and until this Agreement
<br /> Is terminated in accordance with this Section 8.
<br /> This Agreement may be terminated as follows: (a) autorraticaty upon the lamination or expiration of the Service
<br />Agreement; (b)
<br /> 4. SIGNAL INTERFERENCE. Customer acknowledges and agrees that the BDA is subject to Federal Communications ConMssion Immediately by Nextel upon written
<br /> notice O Customer fails to cure a breech of Its obligations under this Agreement within thirty
<br /> ("FCC') regulations, and (i) may not cause harmful interference and (ti) must accept any interference Including interference (30) days
<br /> of the delivery of written notice; (c) by either party for any reason or no reason upon sixty (60) days written notice; (d)
<br /> received that may cause undesired operation. In the event that the BDA causes or Is eheged to cause Interference to Nextei's immediately by Nextel
<br /> upon receipt of written notice from Customer notifying Nextel that Customer is vacating the Premises; (e)
<br /> system or the systems of third parties, upon written notice of such Interference or alleged interference, Customer agrees that Immediately by
<br /> Nextel upon written notice If the BDA causes Inctin ble signal interference as set forth in Section 4 or This
<br /> Nextel shall have the right to discontinue operation of the BDA ung such Interference Is corrected or eliminated. After ceaaing Agreement. The
<br /> Service Agreement shall continue In full force and n yy�[hht is ria es
<br /> operation of the BDA. Customer acknowledges that Nextel shah only operate the BDA in order to correct such interference. in expiration or termination
<br />of the Service Agreement. Nextel shall n!' ! In vat's the t or
<br /> accordance with FCC regulations, unfil such line that the Interference Is corrected or eliminated. In the event any such expiration
<br /> of this Agreement.
<br /> i 01 - 04 - 2005
<br /> Legal
<br /> Customer Signature: S CC Y l / Date-
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<br /> BCCA
<br /> Printed Name: pproved 9
<br /> C Dept. t �
<br /> Nextel Signature: J Kum I mitDate : U�
<br /> Printed Name: lm I44' i Version