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GTP Site [D: 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 />(f) 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 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 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'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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