|
With a copy to : Cingular Wireless
<br /> Site : West Vero
<br /> 5201 Congress Avenue
<br /> Boca Raton, FL 33487
<br /> Attn : Manager, Real Estate & Construction - Network
<br /> And : Cingular Wireless LLC
<br /> 5565 Glenridge Connector
<br /> Suite 1700
<br /> Atlanta, GA 30342
<br /> Attn : Legal Department
<br /> LICENSOR: Indian River County Board of County Commissioners
<br /> 184025 th Street, Vero Beach, FL 32960
<br /> Attention : Terry Smith, Telecommunications Manager
<br /> General Services Department
<br /> Phone : (772) 567-8000, Ext. 1318
<br /> 16, HAZARDOUS SUBSTANCES.
<br /> Licensee 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 Licensor and the Licensor' 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 Licensee ' s breach 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 /> Licensor warrants, represents , and agrees that neither the Licensor nor, to the best of
<br /> Licensor' s knowledge, any third party has used, generated, stored, or disposed of any Hazardous
<br /> Materials in, on, or under the Leased Premises, Property and contiguous surrounding property.
<br /> "Hazardous Materials" shall mean petroleum or any petroleum product, asbestos , and any other
<br /> substance, chemical, or waste that is identified as hazardous , toxic , or dangerous in any
<br /> applicable federal, state, or local law, rule, regulation, order or ordinance . To the extent
<br /> permitted by law, Licensor agrees to be responsible for and hold Licensee harmless from any and
<br /> all claims, damages, fines, judgments, penalties, costs , liabilities or losses (including, without
<br /> limitation, any and all sums paid for settlement of claims, attorneys ' fees and consultants ' and
<br /> experts ' fees) from the presence or release of any Hazardous Materials on Licensor' s Property or
<br /> contiguous surrounding property unless caused by Licensee or persons acting under Licensee .
<br /> 17. SAIF, OR TRANSFER RY LICENSOR.
<br /> Licensor agrees not to subsequently sell, lease, or use any areas of Licensor's Property for the
<br /> installation, operation, or maintenance of other wireless communications facilities if, such
<br /> installation, operation, or maintenance would interfere with Licensee's 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,
<br /> Page 9 of 14
<br /> F:\Utilities\UTILITY - ENGINEERING\WTP - South RO\Cellular Antennas and Wireless Info\Cingular 007 - Kings Hwy Water Tank License to Occupy Mar 08, 2004.DOC
<br />
|