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• <br />• <br />Mkt.: Ft. Lauderdale <br />Sit,No.: FL•1592•A <br />Site Name: Sebastian <br />IRO <br />Sebtatist <br />• <br />Page 6 of 12 <br />• <br />11. Indemnit:ies: <br />a. TENANT shall indemnify and hold COUNTY harmless <br />against any claims of liability or Loss from personal injury or <br />property damage resulting solely from or arising solely out of the <br />use or occupancy of the Property by the TENANT, its servants or <br />agents; <br />b. To the extent that there is a waiver of sovereign <br />immunity for the state or subdivisions of the state in tort actions <br />pursuant to sections 768.28 (Florida Statutes), and to the extent <br />allowed by state law, COUNTY shall indsmnify and hold TENANT <br />harmless against any alalms of liability orloss 01 personal <br />injury, property damage, including attorneys' lees an costs, <br />resulting from or arising out of the use and occupancy of the <br />P roperty by the COUNTY, its servants and agents. • <br />c. If COUNTY allows any other party (limited to county <br />o rganizations) to occupy and maintain telecommunication facilities <br />o n or about the Tower in accordance with this Agreement. COUNTY <br />shall require such party to indemnify TENANT for any claims, <br />losses, attorney's fees and costs arising out of 'or in connection <br />with such party's•use of the Tower. <br />12. jnsurance: <br />a. TENANT shall maintain Commercial General Liability <br />insurance in the amount of one million dollars and include COUNTY <br />as an additional insured on such policy or policies. <br />b. TENANT agrees that COUNTY may self -insure against <br />any loss or damage which could bs covered by a Commercial General <br />Public Liability Insurance Policy. <br />c. No party shall bs Liable to another party (or their <br />successors or assigns) for any loss or damags.caussd by fire or any. <br />other risks enumerated in a standard "all risk' insurance policy <br />and, in the event of such incurred loss, no party's insurance <br />company shall have a subrogated claim against the other. <br />13. Taxes: TENANT shall pay any personal property taxes and <br />all other fees and assessments assessed on, or any portion of such <br />t axes attributable to, its telecommunication facility located on or <br />about the Tower or Equipment Building. COUNTY shall pay when due, <br />all reel property taxes attributable to the Property. However, <br />TENANT shall pay any increase In real property taxes levied agatnen <br />t he Property which Ls directly attributable tc. TENANT'S; use of the <br />Property and COUNTY agrees to `.urnich proof of such increase to <br />TENANT. <br />la. surrender of Prooerty: Upon termination of this. <br />Agreement, TENANT shall. wLChin a reasonable period, remove all of <br />►ts personal property, Lnclud►nq but not limited to its=. <br />C- 6 • <br />• <br />e 4jitannaareingr <br />taliSM I tiMeelraA4� 1 +' <br />• <br />•1 <br />r <br />e <br />4.1 <br />. <br />