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LICENSEE : Name : MetroPCS California/Florida, Inc .
<br /> Address : 1401 NW 136th Avenue, Suite 304 , Sunrise, FL . 33323
<br /> COUNTY , Indian River County Board of County Commissioners
<br /> 1840 25th Street, Vero Beach, FL 32960
<br /> Department of Utility Services
<br /> Erik Olson, Director of Utility Services
<br /> 16. HAZARDOUS SUBSTANCES
<br /> MetroPCS shall not use , generate, store or dispose of any Hazardous Material (defined below) on,
<br /> under, about or within the Property or the Premises in violation of any law or regulation. Licensee
<br /> agrees to defend, indemnify and hold harmless the County and the County' s officers , agents and
<br /> employees against any and all losses, liabilities, claims and/or costs, including reasonable attorney
<br /> fees and costs, arising from MetroPCS ' s breach of this paragraph. As used in this paragraph,
<br /> "Hazardous Material " shall mean petroleum or any petroleum product, hydrocarbons , asbestos, any
<br /> substance known to cause cancer and/or reproductive toxicity, and/or any substance, chemical or
<br /> waste that is identified as hazardous , toxic or dangerous in any applicable federal , state or local law
<br /> or regulation. This paragraph shall survive for one ( 1 ) year after expiration or termination of this
<br /> Agreement.
<br /> County warrants, represents , and agrees that neither the County, nor, to the best of the County ' s
<br /> knowledge , any third party has used, generated, stored, or disposed of any Hazardous Materials
<br /> in, on, or under the Leased Premises , Property and contiguous surrounding property . "Hazardous
<br /> Materials" shall mean petroleum or any petroleum product, asbestos , and any other substance ,
<br /> chemical , or waste that is identified as hazardous , toxic, or dangerous in any applicable federal ,
<br /> state , or local law, rule , regulation, order or ordinance . To the extent permitted by law, the
<br /> County agrees to be responsible for, and hold MetroPCS harmless from any and all claims ,
<br /> damages , fines , judgments , penalties, costs, liabilities or losses (including, without limitation,
<br /> any and all sums paid for settlement of claims, attorneys ' fees and consultants ' and experts '
<br /> fees) , from the presence or release of any Hazardous Materials onCounty ' s Property, or
<br /> contiguous surrounding property, unless caused by MetroPCS or persons acting underMetroPCS .
<br /> 17, SALE OR TRANSFER BY LICENSOR.
<br /> County agrees not to subsequently sell , lease , or use any areas of County ' s Property for the
<br /> installation, operation, or maintenance of other wireless communications facilities , if such
<br /> installation, operation, or maintenance would interfere with MetroPCS facilities as determined by
<br /> radio propagation tests performed by subsequent licensee at subsequent licensee ' s expense . If the
<br /> radio frequency propagation tests demonstrate levels of interference unacceptable to Licensee, the
<br /> County shall be prohibited from subsequent licensing that area of County' s Property at that
<br /> frequency. County shall not be prohibited from the selling, leasing , or use of any of the County ' s
<br /> Property for non-wireless communication use .
<br /> 18. CONDEMNATION.
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