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w <br />k <br />MOA <br />• <br />• <br />• <br />. <br />B. to maintain the radio tower strictly in accordance with the requirements of the Federal <br />Communications Commission and ail required Governmental rules and regulation. <br />18. The Lessee does hereby agree to indemnify and save the County harmless from any and all claims, <br />this lease agreement <br />and causes or the Lessee's ich may arise activity on the de demif sed <br />prsm The Lessee shall pay 's interest in the leased premiseer <br />s <br />and lease soresma <br />and losses of.arty nature whatsoever in connection, therewith and shah defend all web, <br />tthe County's <br />request, in that:name of the County when applicable, and pay all costs and judgments which issue <br />therefrom. The foregoing indemnification shall not apply to claims, Ilability, losses and causes of action <br />which arise solely from the negligent or intentional acts of Lessor. <br />17. The Leises shall maintain public liability Insurance, naming Indian River County as an add oacell <br />l <br />insured, with policy limits of no less than 8100,000.00 per occurrence and $300,000.00 aggng <br />atimes during the term of this lease. The Lessee shall provide proof of insurance to the County at the time <br />this lease is executed, and with each annual rental payment <br />181 Lessee's equipment shell remain personal to and the property of Lessee, At the termination of this <br />lease, Lessee shall promptly remove all Its equipment, and shall, at Lessee's expense, restore Lessor's <br />properties to the same condition as they were prior to Lessee's occupancy, normal wear and tear <br />excepted. <br />19. All notices hereunder must be in writing and, unless otherwise provided herein, shall be deemed <br />validly given If sent by certified mail, retum receipt requested, addressed as follows to notice) any ot er <br />er <br />mailing address which the party to be notified may designate to the other party by <br />suchotherwise provided under applicable state law. Should Lessor or Lessee have a change of address, the <br />other party shall Immediately be notified as provided in this Paragraph of suchgt UnISd tom notices <br />ss Lessor <br />otherwise specifies in writing, rent checks from Lessee shall be sent to the person <br />are sent <br />Lessee: P imeCo Personal <br />Cort Communications. L.P. <br />Delaw <br />re <br />mited <br />rshio <br />Address: 777 Yamato Road Suite 80 <br />j3oca Raton. Florida 33431 <br />Attn: Property Manaoer <br />15811995-5500 <br />primeCo Personal Communications. LP <br />Attn: Edward Wholl Ess <br />8875 Hidden River Hwy . Suite 350 <br />Tamoa Florida 33837 <br />With a copy to: <br />Address: <br />Attn: <br />Lessor. <br />Legal Department <br />18131 815-4840 <br />Indian River County Board of County Commissioners <br />1840 25" Street <br />Vero Beach. Florida,'}2980 <br />Attn: Doug Minh! <br />20; .- Hazardous Substances: Lessor represents and warrants to Lessee that have hazardous substances been <br />r, <br />have not been generated, stored or disposed of on or about the , to mean any <br />ttatspOrted to or over the Property. 'Hazardous substance' shah be Intsrproted broadly <br />eubstince or material defined or designated n hazardous or toxic waste, hazardous or to,dc material, <br />t. hazardous or toxic or radioactive substance or other similar term by any federal , stats or local <br />enylrorimental law, regulation or rule presently in effect or promulgated in the future, as such laws, <br />Cony Gifford Wear Tower - 62716 4 <br />• <br />• <br />• <br />