2018-280 - Laserfiche WebLink

Home Browse Search

A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK the real property or government authorities. Such obligation to hold harmless and indemnify FPL shall be subject to the limitations set forth in section 768.28, Florida Statutes, as may be applicable. The termination rights under this Agreement shall not be affected by this Section. 5.3 Licensee's Expense. All removals of any applicable portion of the System from FPL poles shall be at the sole expense of Licensee. Any corrections or Rearrangement required by FPL or others as a result of Licensee's removal shall be at the sole expense of Licensee. 5.4 Abandonment. If FPL desires, or, at any time is required to abandon any pole(s), it shall give Licensee notice in writing of its intent to do so at least thirty (30) days prior to the date on which it intends to abandon such pole(s). If, at the expiration of such period, or upon removal of FPL's Facilities, whichever occurs later, Licensee shall not have removed all of its Attachments therefrom, and if the Attachments remain on the pole(s), such pole(s) shall then become the property of Licensee, and Licensee shall: (a) obtain necessary permits or rights of way from the land owner and (b) indemnify and save harmless FPL from all obligation, liability, damages, costs, expenses or charges incurred thereafter arising from the presence or condition of such pole(s), or any Attachments thereon. FPL shall not have further responsibility or liability for such pole. Such obligation to hold harmless and indemnify FPL shall be subject to the limitations set forth in section 768.28, Florida Statutes, as may be applicable. 5.5 Limitation. The provisions of this Article V shall be subject to and limited by the provisions of the last sentence of Section 3.10. ARTICLE VI RESERVATION OF RIGHTS, LIMITATION OF LIABILITY AND INSURANCE 6.1 Reservation of Rights and Release by Licensee. Except as otherwise provided in this Agreement, FPL reserves to itself, its successors and permitted assigns, the right to maintain its poles and to operate the FPL Facilities thereon in such manner as will best enable it to fulfill its own service requirements and in accordance with the NESC and any applicable amendments,- revisions or subsequent editions to NESC and such specifications particularly applying to FPL hereinbefore referred to. FPL shall not be liable to Licensee for any interruption to service of Licensee or for interference with the operation of the System arising in any manner out of the use of FPL's poles by Licensee, FPL, or Other Users except to the extent caused by FPL's negligence or willful, wanton or intentional misconduct of FPL, its employees, officers or directors. Licensee hereby releases and waives all rights against, FPL for such interruptions or interference, except to the extent due to or caused by the negligence of FPL or willful, wanton or intentional misconduct of FPL, its employees, officers or directors. 6.2 No Consequential Damages. In no event shall either Licensee or FPL be liable to the other for any indirect, special incidental or consequential damages, including lost profits, regardless of whether informed of the same. 6.3 Indemnification. Except for FPL's gross negligence or intentional misconduct, Licensee shall exercise its privileges hereunder at its own sole risk and, in consideration of this Agreement, except for FPL's gross negligence or intentional misconduct, shall release, indemnify, protect, defend and save Confidential 13 Linear Facilities Attachment Agreement 116402702.1 .