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of <br />40 <br />QP <br />OFFICIAL RECORD <br />e , <br />Boa 455 iwu 718 <br />That part of the South half of Government Lot 1, <br />except the north 495 feet thereof, lying east of <br />Highway A 1 A, in Section 21, Township 33 South, <br />Range 40 East, and that part of Government Lot 1, <br />Section 22, Township 33 South, Range 40 East, which <br />lies east of the above described parcel; and the <br />north 165 feet of the South 332. 11 feet of Government <br />Lot 1, Section 21, Township 33 South, Range 40 East, <br />lying east of State Road A 1 A, and that part of <br />section 22, Township 33 south, Range 40 East, lying <br />east of the aforementioned property; all being in <br />Indian River County, Florida. <br />SECTION 5 <br />The Company shall at all times during the life of this franchise <br />be subject to all lawful exercise of the police power and regulatory <br />authority of the County and to such regulation as the County shall here- <br />after be resolution or ordinance provide, to include the establishment <br />of a utilities commission which would exercise the delegated right of <br />the County retained herein. <br />SECTION 6 <br />It is expressly understood and agreed by and between the <br />Company and the County that the Company shall save the County and <br />members of the Board harmless from any loss sustained by the County <br />on account of any suit, judgment, execution, claim or demand what- <br />soever resulting from negligences on the part of the Company in the <br />construction, operation or maintenance under the terms of this franchise. <br />The Company shall maintain adequate liability insurance and said <br />insurance policy or policies shall name the County as an additional <br />insured. The parties agree that in the construction of this section, <br />the claim of any person resulting from negligence on the part of the <br />Company may be prosecuted directly by such person against the Company <br />as if no governmental immunity accrued to the County by virtues of the <br />Company's use of a public place of the County, The County shall notify <br />the Company promptly after presentation of any claim or demand. <br />SECTION 7 <br />The Company shall maintain and operate its plant and system <br />-3- <br />