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GTP Site ID: FL-5586
<br /> GTP Site Name: Vero Beach
<br /> easements . All utilities are installed and operating and all installation and connection charges have been paid in
<br /> full .
<br /> (fl County has no knowledge of any fact or condition that could result in the termination or reduction of the
<br /> current access from the Premises to existing highways and roads, or to sewer or other utility services serving the
<br /> Premises . The Premises abuts on and has direct vehicular access to a public road, or has access to a public road
<br /> via a permanent, irrevocable, appurtenant easement benefiting the parcel of real property, and access to the
<br /> property is provided by paved public right-of--way with adequate curb cuts available.
<br /> (g) With respect to the Premises, except as disclosed in writing to Global Tower prior to the execution
<br /> hereof and except for the leases with the County' s existing tenants : there currently exist no
<br /> licenses,
<br /> sublicenses, or other agreements, written or oral , granting to any party or parties the right of use or occupancy
<br /> of any portion of the of Premises; there are no outstanding options or rights of first refusal to purchase the
<br /> Premises or any portion thereof or interest therein; and there are no parties (other than County) in possession of
<br /> the Premises .
<br /> (i) It is intended that the legal description of the Premises accurately reflect an "as-built" survey of any
<br /> existing communications tower and accordingly the parties agree that, if any part of such tower, buildings,
<br /> roadways, utilities, guy wires or anchors related to the communications tower located on the Premises is located
<br /> beyond the legal description of the Premises or any easements specified in the License, the License is hereby
<br /> amended to provide that the Premises includes the existing location of any such improvements as part of the
<br /> Premises demised in the License, to the extent that such improvements are located on real property owned by
<br /> County.
<br /> (h) To the extent allowed by law, the County hereby agrees to indemnify, defend, and hold harmless Global
<br /> Tower and its officers, directors, shareholders, agents, and attorneys for, from, and against all damages asserted
<br /> against or incurred by any of them by reason of or resulting from a breach by County of any representation,
<br /> warranty, or covenant of County contained herein or in any agreement executed pursuant hereto .
<br /> 10 . HOLD OVER TENANCY. Should Global Tower or any assignee, sub-licensee of Global Tower hold
<br /> over the Premises or any part thereof after the expiration of the term set forth herein, such holdover
<br /> shall
<br /> constitute and be construed as a tenancy from month-to-month only, but otherwise upon the same terms and
<br /> conditions .
<br /> 11 . INDEMNITIES . To the extent allowed by law , the parties agree to indemnify, defend and hold
<br /> harmless the other party, its parent company or other affiliates, successors, assigns, officers , directors,
<br /> shareholders, agents and employees (collectively, "Indemnified Persons"), from and against all claims and
<br /> liabilities (including reasonable attorneys ' and fees court costs) caused by or arising out of (i) such party'
<br />s
<br /> breach of any of its obligations, covenants, or warranties contained herein, or (ii) such party' s acts or omissions
<br /> with regard to the License. However, in the event of an Indemnified Person' s contributory negligence or other
<br /> fault, the Indemnified Person shall not be indemnified hereunder to the extent that the Indemnified Person' s
<br /> negligence or other fault caused such claim or liability.
<br /> 12 . WAIVERS
<br /> (a) To the extent allowed by law, County hereby waives any and all lien rights it may have, statutory or
<br /> otherwise, in and to the tower facilities or any portion thereof, regardless of whether or not such is deemed real
<br /> or personal property under applicable laws . To the extent allowed by law, County will not assert any claim
<br /> whatsoever against Global Tower for loss of anticipatory profits or any other indirect, special, incidental or
<br /> consequential damages incurred by County as a result of the construction, maintenance, operation or use of the
<br /> Premises by Global Tower.
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