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2005-350
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2005-350
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17 . 0 . 2 . Not interfere with the operation of County' s radio equipment on surrounding <br /> towers . In the event there is interference by M/A- COM , M/A- COM will promptly take all <br /> steps necessary to correct and eliminate same within a reasonable period of time . If M /A- <br /> COM is unable to eliminate such interference caused by it within a reasonable period of <br /> time , M /A-COM agrees to remove its antennae from County' s property and this Agreement <br /> shall terminate ; <br /> 17 . 0 . 3 . Not interfere with the maintenance of County' s tower and tower lighting <br /> system at the North Tower, or the Property (as such term is used in the North Tower <br /> Lease Agreement) ; and <br /> 17 . 0 . 4 . Comply with all applicable rules and regulations of the Federal <br /> Communications Commission and electrical codes of Indian River County and the State of <br /> Florida . <br /> ARTICLE 18 - HAZARDOUS SUBSTANCES <br /> 18 . 0 . M/A-COM shall not use , generate , store or dispose of any Hazardous Material <br /> (defined below) on , under, about or within the North Tower, or the Property ( as such term is <br /> used in the North Tower Lease Agreement) in violation of any law or regulation . <br /> 18 . 1 . M/A- COM represents , warrants and agrees to indemnify , reimburse , defend and <br /> hold harmless County , from and against all costs ( including attorneys fees ) asserted <br /> against , imposed on , or incurred by County , directly or indirectly , pursuant to or in <br /> connection with the application of any federal , state , local or common law relating to <br /> pollution or harm to the environment to the extent caused by M/A- COM on , under, about <br /> or within the North Tower , or the Property (as such term is used in the North Tower Lease <br /> Agreement) . This paragraph shall survive the expiration or sooner termination of this <br /> Agreement . <br /> 18 . 2 . County warrants and represents , to the best of County' s knowledge , that the <br /> County has not used , generated , stored , or disposed of any Hazardous Material in , on , or <br /> under the Demised Premises , the Property , the North Tower , or the Property ( as such <br /> term is used in the North Tower Lease Agreement) and contiguous surrounding property . <br /> Notwithstanding the foregoing , County does not and cannot make any warranty or <br /> representation of any nature whatsoever with respect to any third party using the North <br /> Tower or the Property ( as such term is used in the North Tower Lease Agreement) <br /> pursuant to the North Tower Lease Agreement . <br /> 18 . 3 . Solely to the extent permitted by law , County agrees to indemnify , reimburse , and <br /> hold harmless M/A- COM from and against all costs ( including attorney fees) asserted <br /> against , imposed on or incurred by M/A-COM directly or indirectly pursuant to or in <br /> connection with the application of any federal , state , local or common law relating to <br /> pollution or harm to the environment to the extent caused by County . Nothing contained <br /> herein is intended nor shall be construed to waive the County' s rights and immunities under <br /> the common law or Florida Statutes section 768 . 28 , as amended from time to time . <br /> 9 <br />
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