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Licensee to relocate at a different location on the Elevated Tank, at Licensee ' s expense or (iii)
<br /> immediately terminate this Agreement without further obligation to County. Material
<br /> interference shall be deemed to be any interference which violates the terms and conditions of
<br /> transmitter licenses, and/or rules and regulations of the Federal Communications Commission.
<br /> In no event will County be liable for any consequential damages (including , without limitation,
<br /> lost profits) arising from any such interference .
<br /> (b) County agrees that MetroPCS shall have access to the Elevated Tank and the Premises on
<br /> which the Elevated Tank is located 24 hours per day, seven days a week, following notice to
<br /> Licensor ' s Utility Services Director, or his designee , for the purpose of maintaining and repairing
<br /> its equipment. In the event of an emergency, Licensee or its authorized agent(s) may access the
<br /> Premises without prior notice but Licensee agrees to give notice to the County ' s Utility Services
<br /> Director within twenty-four hours of such access . Subsequent to the initial installation of the
<br /> directional antenna system, MetroPCS may install and remove its equipment on the Elevated Tank
<br /> only with the prior written consent of the Director of the County ' s Utilities Services, which consent
<br /> shall not be unreasonably withheld, conditioned or delayed . The County, or the County ' s
<br /> authorized agent' s failure to approve or disapprove any additional items within fourteen ( 14) days
<br /> following the request therefor shall be deemed an approval . However, MetroPCS does not have to
<br /> obtain prior written consent from County, the County' s Director of its Utilities Services , or from
<br /> any of the County ' s authorized agents, to maintain, install, replace, or remove any equipment
<br /> located within its ground space (Licensee Facilities) .
<br /> (c) Nothing contained herein is intended nor shall be construed to waive County ' s rights and
<br /> immunities under the common law or Florida Statutes § 768 . 28 , as amended from time to time .
<br /> (d) To the extent permitted by law, County agrees to be responsible for any act or omission of
<br /> the County, its agents, employees , licensees , or its independent contractors , which occurs during
<br /> the term of this Agreement, or alleged to arise from a breach of this Agreement by County . If
<br /> determined liable by a court of competent jurisdiction, County shall pay all claims , losses , liens ,
<br /> settlements and judgments in connection, therewith, including , but not limited to , attorneys ' fees
<br /> and costs to defend all suits .
<br /> 14. METROPCS I S ADDITIONAL DUTIES
<br /> (a) The installation, maintenance, repair, and removal of MetroPCS ' s equipment shall not
<br /> damage the Premises or the Elevated Tank structure or the Property, or interfere with the
<br /> maintenance of the Property.
<br /> (b) MetroPCS shall comply with all rules and regulations of the Federal Communications
<br /> Commission, and all other applicable laws, ordinances , and regulations .
<br /> (c) MetroPCS shall , at least ten ( 10) days prior to their use or occupancy of the Premises ,
<br /> provide to the County, a certificate of commercial general liability insurance with a reputable
<br /> insurance company authorized to issue insurance policies in the State of Florida, subject to
<br /> approval by the County ' s risk manager, in an amount not less than $ 3 , 000 , 000 combined single
<br /> limit for bodily injury and property damage , including coverage for premises/operations ,
<br /> products/completed operations , contractual liability, and independent contractors , in accordance
<br /> with the Licensor' s Administrative Policy Manual . MetroPCS shall , at least ten ( 10) days prior
<br /> to their use or occupancy of the premises, provide to the County, a certificate of business auto
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