|
its equipment. In the event of an emergency, Licensee or its authorized agent(s) may access the
<br /> Premises without prior notice but Licensee agrees to give notice to Licensor' s Utility Services
<br /> Director within twenty-four hours of such access . Subsequent to the initial installation of the
<br /> directional antenna system, Licensee may install and remove its equipment on the Elevated Tank
<br /> only with the prior written consent of the Director of Licensor' s Utilities Services, which consent
<br /> shall not be unreasonably withheld, conditioned or delayed. Licensor' s or Licensor' s authorized
<br /> agent ' s failure to approve or disapprove any additional items within fourteen ( 14) days following
<br /> the request therefor shall be deemed an approval . However, Licensee does not have to obtain prior
<br /> written consent from Licensor, Licensor' s Director of its Utilities Services, or from any of
<br /> Licensor' s authorized agents to maintain, install, replace or remove any equipment located within
<br /> its equipment shelter.
<br /> (c) Nothing contained herein is intended nor shall be construed to waive Licensor' s rights and
<br /> immunities under the common law or Florida Statutes § 768 . 28 , as amended from time to time.
<br /> (d) To the extent permitted by law, Licensor agrees to be responsible for any act or omission
<br /> of Licensor, its agents , employees, licensees , or its independent contractors , which occurs during
<br /> the term of this Agreement or alleged to arise from a breach of this Agreement by Licensor. If
<br /> determined liable by a court of competent jurisdiction, Licensor shall pay all claims , losses , liens,
<br /> settlements and judgments in connection, therewith, including, but not limited to , attorneys ' fees
<br /> and costs to defend all suits .
<br /> 14_ LICENSEE ,, s ADDITIONAL DUTIES.
<br /> (a) The installation, maintenance, repair, and removal of Licensee ' s equipment shall not
<br /> damage the Premises or the Elevated Tank structure or the Property or interfere with
<br /> the
<br /> maintenance of the Property.
<br /> (b) Licensee shall comply with all rules and regulations of the Federal Communications
<br /> Commission, and all other applicable laws, ordinances, and regulations .
<br /> (c) The Licensee shall, at least ten ( 10) days prior to Licensee ' s use or occupancy of the
<br /> Premises, provide to the Licensor a certificate of commercial general liability insurance with a
<br /> reputable insurance company authorized to issue insurance policies in the State of Florida,
<br /> subject to approval by the Licensor' s risk manager, in an amount not less than $ 3 , 000, 000
<br /> combined single limit for bodily injury and property damage, including coverage for
<br /> premises/operations, products/completed operations, contractual liability, and independent
<br /> contractors , in accordance with the Licensor ' s Administrative Policy Manual . The Licensee
<br /> shall, at least ten ( 10) days prior to Licensee ' s use or occupancy of the Premises, provide to the
<br /> Licensor a certificate of business auto liability insurance with a reputable insurance company
<br /> authorized to issue insurance policies in the State of Florida, subject to approval by the
<br /> Licensor' s risk manager, in an amount not less than $ 3 , 000,000 per occurrence combined single
<br /> limit for bodily injury and property damage, including coverage for owned autos, hired autos , and
<br /> non-owned autos, in accordance with the Licensor' s Administrative Policy Manual . The
<br /> commercial general liability and auto liability insurance policies shall name Indian River County,
<br /> a political subdivision of the State of Florida, as an additional insured. In addition, the Licensee
<br /> 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 /> Page 7 of 15
<br /> F:\Utilities\UTILITY - ENGINEERING\WTP - South RO\Cellular Antennas and Wireless Info\T-Mobile 001 - Gifford Water Tank License to Occupy March 12, 2004.DOC
<br />
|