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<br />(b) Licensor agrees that Licensee shall have access to the Elevated Tank and the Premises on
<br />which the Elevated Tank is located 24 hours per day, seven days a week, following notice to
<br />Licensor's Utility Services Director or his designee for the purpose of maintaining and repairing
<br />its equipment. In the event of an emergency, Licensee or its authorized agent(s) may access the
<br />Premises without prior notice but Licensee agrees to give notice to Licensor's Utility Services
<br />Director within twenty-four hours of such access. Subsequent to the initial installation of the
<br />directional antenna system, Licensee may install and remove its equipment on the Elevated Tank
<br />only with the prior written consent of the Director of Licensor's Utilities Services, which consent
<br />shall not be unreasonably withheld, conditioned or delayed. Licensor's or Licensor's authorized
<br />agent's failure to approve or disapprove any additional items within fourteen (14) days following
<br />the request therefor shall be deemed an approval. However, Licensee does not have to obtain prior
<br />written consent from Licensor, Licensor's Director of its Utilities Services, or from any of
<br />Licensor's authorized agents to maintain, install, replace or remove any equipment located within
<br />its equipment shelter.
<br />(c) Nothing contained herein is intended nor shall be construed to waive Licensor's rights and
<br />immunities under the common law or Florida Statutes § 768.28, as amended from time to time.
<br />To the extent permitted by law, Licensor agrees to be responsible for any act or omission
<br />of Licensor, its agents, employees, licensees, or its independent contractors, which occurs during
<br />the term of this Agreement or alleged to arise from a breach of this Agreement by Licensor. If
<br />determined liable by a court of competent jurisdiction, Licensor shall pay all claims, losses, liens,
<br />settlements and judgments in connection, therewith, including, but not limited to, attorneys' fees
<br />and costs to defend all suits.
<br />1111 V 0 16 1 i : yr
<br />(a) The installation, maintenance, repair, and removal of Licensee's equipment shall not
<br />damage the Premises or the Elevated Tank structure or the Property or interfere with the
<br />maintenance of the Property.
<br />(b) Licensee shall comply with all rules and regulations of the Federal Communications
<br />Commission, and all other applicable laws, ordinances, and regulations.
<br />(c) The Licensee shall, at least ten (10) days prior to Licensee's use or occupancy of the
<br />Premises, provide to the Licensor a certificate of commercial general liability insurance with a
<br />reputable insurance company authorized to issue insurance policies in the State of Florida,
<br />subject to approval by the Licensor's risk manager, in an amount not less than $3,000,000
<br />combined single limit for bodily injury and property damage, including coverage for
<br />premises/operations, products/completed operations, contractual liability, and independent
<br />contractors, in accordance with the Licensor's Administrative Policy Manual. The Licensee
<br />shall, at least ten (10) days prior to Licensee's use or occupancy of the Premises, provide to the
<br />Licensor a certificate of business auto liability insurance with a reputable insurance company
<br />authorized to issue insurance policies in the State of Florida, subject to approval by the
<br />Licensor's risk manager, in an amount not less than $3,000,000 per occurrence combined single
<br />limit for bodily injury and property damage, including coverage for owned autos, hired autos, and
<br />non -owned autos, in accordance with the Licensor's Administrative Policy Manual. The
<br />commercial general liability and auto liability insurance policies shall name Indian River County,
<br />a political subdivision of the State of Florida, as an additional insured. In addition, the Licensee
<br />shall, at least ten (10) days prior to Licensee's use or occupancy of the Premises, provide to the
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