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2004-020
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2004-020
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6. Responsibilities of Lessee <br /> Lessee hereby agrees as follows : <br /> A. Lessee shall obtain a certificate from the state of Florida Public Service Commission authorizing each pay <br /> telephone installed in the Leased Space. <br /> B. Lessee shall at its own expense install, repair and maintain the pay telephones installed pursuant to this agreement, <br /> except for any such expenses necessitated by the willful misconduct or negligence of Lessor, its employees or <br /> agents. <br /> C. Except as provided in 5 (d) hereof Lessee shall indemnify and hold Lessor harmless from any and all claims, <br /> liabilities and damages arising from the installation and use of the pay telephones installed under this agreement. <br /> D. Lessee shall be the subscriber for service to the pay telephones installed hereunder and shall be solely responsible <br /> for the payment of all charges for such service. <br /> 7. Termination by Lessee <br /> Lessee may at its sole discretion terminate this agreement at any time and without cause by giving Lessor written notice of its intent <br /> to do so. Upon termination or expiration of this agreement, Lessor shall allow Lessee access to the leased space for the purpose <br /> of <br /> removing Lessee's pay telephone. Lessee will leave a location in as reasonable condition as possible when removing equipment. <br /> 8. Title to Pay Telephones <br /> The pay telephones installed under this agreement shall at all times remain the sole and exclusive property of Lessee, <br /> and nothing contained herein shall be construed to grant Lessor any right, title or interest in said pay telephones. Upon <br /> request of Lessee, Lessor shall execute any instruments or documents required to establish Lessee ' s sole and undivided <br /> ownership of the pay telephones. <br /> 9. Assignment <br /> This agreement may be assigned by Lessee but may not be assigned by Lessor without Lessee ' s prior written consent. <br /> However, if reassignment were to become necessary Lessee would provide advanced written notice to Lessor regarding <br /> assignees qualifications to provide service to their satisfaction. <br /> 10. Successors <br /> The obligation and rights under this agreement shall be binding upon and inure to the benefit of the parties hereto, their <br /> respective heirs, personal representatives and successors . <br /> 10. Entire Agreement <br /> This is the entire agreement between the parties hereto, and no representation have been made or relied upon by either <br /> party except as contained herein. <br /> Lessor: Indian River County Lessee : ATS Pa �Pho s <br /> 2 M <br /> SInc. <br /> By: By: <br /> Authorized Signature ri i <br /> Thomas W. Frame Al Seyfer <br /> Authorized Print Authorized Print <br /> Director General Services President <br /> Title Title <br /> Date Date <br /> Indian River Co. Apjmoved Date Assignment <br /> Administration J <br /> Legal <br /> Budget Date <br /> Department (3 <br /> www. atspWhones.com <br />
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