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7 f= AGREEMENT This agreement is made and entered into as of the 19th day of Aug •, , 20 03, by and between Florida Power & Light Company (FPL) and Indian River County Board of County Commissioners (Grantor) . WITNESSETH : WHEREAS , in the event of disasters such as major storms, hurricanes , other natural disasters, and military or civil disturbances, FPL will require temporary staging areas from time to time in the communities to park trucks and store materials and equipment and to act as show-up sites for work crews of FPL , its contractors, and other utilities assisting FPL , and WHEREAS , such staging areas will be secured for material and equipment pickup by FPL, and WHEREAS , work crews will be dispatched from the staging area to repair electrical service to the community, and WHEREAS , the staging areas will be secured against theft, vandalism, and site abuse, and temporary lighting will be used during darkness, and WHEREAS , Grantor is willing to provide a staging area for as long as reasonably necessary for FPL to reinstall electric service, and WHEREAS, FPL agrees that upon the completion of the company ' s storm restoration, the staging area will be returned to its previous condition. NOW, THEREFORE, the parties agree as follows : 1 . GRANTOR hereby grants to FPL the use and control of the area described in Exhibit "A" to perform the functions described in the recitals above on an "as needed" basis . 2 . FPL agrees to protect, defend, indemnify and hold Grantor, its tenants, and their officers , directors, employees, agents, and servants and its public officials, if a subdivision of the State of Florida, (Grantor Entities) free and unharmed from and against any and all third party (including employees of FPL, other utilities assisting FPL, and its contractors) claims, liabilities, losses, costs, or damages whatsoever, including court costs and reasonable attorneys ' fees resulting from or in connection with the use of the staging area by FPL and its contractors, including ingress and egress thereto . FPL will also reimburse Grantor Entities for damages sustained as a result of the negligence of its employees or the employees of its contractors or other utilities assisting FPL .