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1999-317
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1999-317
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Last modified
1/19/2024 2:33:02 PM
Creation date
1/19/2024 2:31:35 PM
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Template:
Official Documents
Official Document Type
Deed
Approved Date
12/07/1999
Control Number
1999-317
Subject
County Deed/Fellsmere Lots 1 & 2. Block 96 Except No 10 ft of Lot 1
for Right of Way County Road 512
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4a <br />• <br />The member receiving the grant(s) for construction or maintenance activities associated with <br />the NETWORK shall be solely responsible for performing any and all reporting requirements <br />associated with the receipt of such grant funds, and the submittal of any and all <br />documentation necessary for reimbursement of expenses under any associated grant <br />agreement. <br />SECTION! 16. Insurance <br />Each member of the CONSORTIUM acknowledges that the NETWORK is not covered by a <br />commercial property insurance policy. Any costs associated with repairs to, or restoration of, <br />the NETWORK shall be shared between thp members of the CONSORTIUM in the same <br />proportion as they bore the original installation costs of the affected area, until such time as <br />the percent of utilization changes between members. <br />Joint property insurance coverage of the NETWORK may only be acquired when all <br />members of the CONSORTIUM that utilize the area for which coverage is desired agree on <br />the need for property insurance coverage. Should property insurance coverage be acquired, <br />its cost shall be shared between the members in accordance with the cost sharing provisions <br />of this Agreement. <br />Each member of the CONSORTIUM shall bear the risk of its own actions, as it does with its <br />day-to-day operations, and determine for itself what kinds of insurance, including, but not <br />limited to, liability insurance coverage, and in what amounts, it should carry relative to the <br />associated risks. <br />SECTION 17. indemnification, Hold Harmless <br />Each member of the CONSORTIUM, to the extent permitted by law and subject to the <br />limitations of Section 768.28, Florida Statutes and any subsequent revisions thereto, agrees <br />to indemnify, defend and hold harmless the other members of the CONSORTIUM and <br />respective elected officials, officers, and employees against any claim, action, loss, damage, <br />injury, liability, cost or expense, including, but not by way of limitation, reasonable attorneys' <br />fees and court costs, arising out of injury to persons, including but not limited to death, or <br />damage to property, caused by the negligence of the indemnifying member in connection <br />with this Agreement. <br />SECTION 18. Damage Caused by Disasters <br />Should the Primary Route of the NETWORK be damaged or destroyed by a natural or man- <br />made event to the extent that the cost to repair or replace the line, including utility pole <br />replacement, exceeds 50% of the original installation costs, this Agreement is automatically <br />terminated unless the governing body of each member of the CONSORTIUM authorizes its <br />continuation and associated funding to repair or restore the affected area(s). However, those <br />portions of the NETWORK which are: 1) licensed for use to a third party with the associated <br />License Agreement requiring replacement of the line for the continuation of such License <br />Agreement, and/or 2) used for the operation of the 800 MHz radio system, shall be repaired <br />Joint Fiber Optics Project - Interlocal Agreement <br />Page 11 of 18 <br />
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