and that it shall not require an IRC Public Rights-of-Way agreement or permit of
<br /> LICENSEE for such use.
<br /> 14.3 IRC And LICENSEE Shall Comply With The Law. LICENSEE and IRC each shall
<br /> comply with all applicable federal, state and local Laws and regulations including,
<br /> but not limited to, those of the Federal Communications Commission and the
<br /> Florida Public Service Commission.
<br /> ARTICLE 16
<br /> NO THIRD PARTY BENEFICIARIES
<br /> This Agreement does not provide third Parties (including without limitation customers of
<br /> IRC or of LICENSEE) with any remedy, claim, liability, reimbursement, cause of action,
<br /> or other right or privilege, except that the Provisions hereof involving indemnification or
<br /> limitation of liability of either Party shall also inure to the benefit of that Party's employees,
<br /> officers, agents, affiliates, and any other benefited Persons specifically identified in the
<br /> applicable Provision. The relationship between IRC and any of its customers is governed
<br /> solely by the terms and conditions of IRC's agreements and applicable tariffs. The
<br /> relationship between LICENSEE and its customers is governed solely by the terms and
<br /> conditions of any agreement between LICENSEE and its customers.
<br /> ARTICLE 17
<br /> INDEMNITY, HOLD HARMLESS
<br /> 17.1 LICENSEE Indemnity of IRC. LICENSEE agrees to indemnify, hold harmless and
<br /> defend (with counsel reasonably acceptable to IRC) IRC, its commissioners, directors,
<br /> employees, contractors, agents, representatives, and each of them, against any and all
<br /> administrative and judicial proceedings and orders, charges, claims, costs, damages,
<br /> demands, expenses, fines, judgments, liabilities, losses, penalties, and remedial actions
<br /> of any kind, including the costs of any hazardous materials remedial actions of any kind
<br /> and all other related costs and expenses incurred in connection therewith, including, but
<br /> not limited to, reasonable attorney's fees and the costs of defense arising out of injury to
<br /> Persons, including but not limited to death, or damage to property, caused by, directly or
<br /> indirectly, in whole or in part, the negligence of LICENSEE, or its officers, employees, or
<br /> agents, in connection with this Agreement. Nothing contained herein shall be construed
<br /> as a waiver of any immunity from, or limitation of, liability either party has under the
<br /> Doctrine of Sovereign Immunity of Section 768.28 Florida Statutes.
<br /> 17.2 Binding On Successors. The indemnification and hold harmless Provisions set
<br /> forth in Section 17.1, above, shall be binding upon the successors and assigns of
<br /> LICENSEE, provided, however, any non-governmental successor of LICENSEE shall not
<br /> be subject to the limitation of liability in Section 768.28, Florida Statutes.
<br /> 17.3 Additional Remedies. The indemnification and hold harmless Provisions set forth
<br /> in Section 17.1, above, shall be in addition to any other remedy available under this
<br /> Agreement, or at Law or equity, and shall survive the term of this Agreement executed
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