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<br />With a copy to: Cingular Wireless
<br />Site: West Vero
<br />5201 Congress Avenue
<br />Boca Raton, FL 33487
<br />Attn: Manager, Real Estate & Construction - Network
<br />And: Cingular Wireless LLC
<br />5565 Glenridge Connector
<br />Suite 1700
<br />Atlanta, GA 30342
<br />Attn: Legal Department
<br />LICENSOR: Indian River County Board of County Commissioners
<br />1840 25th Street, Vero Beach, FL 32960
<br />Attention: Terry Smith, Telecommunications Manager
<br />General Services Department
<br />Phone: (772) 567-8000, Ext. 1318
<br />Licensee shall not use, generate, store or dispose of any Hazardous Material (defined below) on,
<br />under, about or within the Property or the Premises in violation of any law or regulation. Licensee
<br />agrees to defend, indemnify and hold harmless the Licensor and the Licensor's officers, agents and
<br />employees against any and all losses, liabilities, claims and/or costs, including reasonable attorney
<br />fees and costs, arising from Licensee's breach this paragraph. As used in this paragraph,
<br />"Hazardous Material" shall mean petroleum or any petroleum product, hydrocarbons, asbestos, any
<br />substance known to cause cancer and/or reproductive toxicity, and/or any substance, chemical or
<br />waste that is identified as hazardous, toxic or dangerous in any applicable federal, state or local law
<br />or regulation. This paragraph shall survive for one (1) year after expiration or termination of this
<br />Agreement.
<br />Licensor warrants, represents, and agrees that neither the Licensor nor, to the best of
<br />Licensor's knowledge, any third party has used, generated, stored, or disposed of any Hazardous
<br />Materials in, on, or under the Leased Premises, Property and contiguous surrounding property.
<br />"Hazardous Materials" shall mean petroleum or any petroleum product, asbestos, and any other
<br />substance, chemical, or waste that is identified as hazardous, toxic, or dangerous in any,
<br />applicable federal, state, or local law, rule, regulation, order or ordinance. To the extent
<br />permitted by law, Licensor agrees to be responsible for and hold Licensee harmless from any and
<br />all claims, damages, fines, judgments, penalties, costs, liabilities or losses (including, without
<br />limitation, any and all sums paid for settlement of claims, attorneys' fees and consultants' and
<br />experts' fees) from the presence or release of any Hazardous Materials on Licensor's Property or
<br />contiguous surrounding property unless caused by Licensee or persons acting under Licensee.
<br />Licensor agrees not to subsequently sell, lease, or use any areas of Licensor's Property for the
<br />installation, operation, or maintenance of other wireless communications facilities if, such
<br />installation, operation, or maintenance would interfere with Licensee's facilities as determined by
<br />radio propagation tests performed by subsequent licensee at subsequent licensee's expense. If the
<br />radio frequency propagation tests demonstrate levels of interference unacceptable to Licensee,
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