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ATRUE COPY
<br />CERTIFICATION ON LAST PAGE
<br />J.R. SMITH, CLERK
<br />Agreement from Federal, State, County, City and other regional or local authorities, to construct,
<br />maintain, operate and use LICENSOR'S Facilities.
<br />10.1 By LICENSEE.
<br />LICENSEE shall have and maintain in effect at all times, all necessary franchises, consents,
<br />permits and authorizations applicable to this License Agreement from Federal, State, county, City
<br />and other regional or local authorities.
<br />10.2 All Applicable Laws.
<br />LICENSEE and LICENSOR each shall comply with all applicable federal, state and local
<br />laws and regulations, including those of the Federal Communications Commission and the Florida
<br />Public Service Commission.
<br />ARTICLE XI
<br />NO CONSEQUENTIAL
<br />DAMAC'TFS,
<br />Notwithstanding any other provisions of this License Agreement, and irrespective of any
<br />fault or negligence or gross negligence, no Party shall be liable to the other for any indirect,
<br />incidental, consequential exemplary, punitive or special damages (including damages for harm to
<br />business, lost revenues, lost savings or lost profits), regardless of the form of action, whether based
<br />on statute, contract, warranty or tort (including, without limitation, negligence of any kind whether
<br />active or passive and strict liability). Each Party hereby releases the other Party (and its respective
<br />parents, subsidiaries, and affiliated companies, and each of their respective agents, officers,
<br />employees, and representatives) from any claim or liability for any indirect, incidental,
<br />consequential, exemplary, punitive or special damages incurred as a result of or in connection with
<br />the performance or nonperformance of this License Agreement.
<br />ARTICLE XII
<br />NO THIRD PARTY BENEFICIARIES
<br />This License Agreement does not provide third parties (including, without limitation,
<br />customers of LICENSOR or of LICENSEE) with any remedy, claim, liability, reimbursement,
<br />cause of action or other right or privilege, except that the provisions hereof involving
<br />indemnification or limitation of liability of either Parry shall also inure to the benefit of that Parry's
<br />employees, officers, agents, affiliates.
<br />ARTICLE XIII
<br />INDEMNITY, HOLD HARMLESS
<br />13.1 LICENSEE Indemnity of LICENSOR.
<br />LICENSEE shall indemnify, hold harmless and defend LICENSOR and their respective
<br />governing body members, directors, officers, employees and agents against any claim, action,
<br />loss, damage, injury liability, cost or expense, including, without limitation, reasonable attorneys'
<br />fees and court costs, arising out of injury to persons, including, without limitation, death or damage
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<br />116402757.1
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