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2004-061
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2004-061
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19. MISC ELLANVOITS. <br /> (a) This Agreement constitutes the entire agreement and understanding between the -parties, and <br /> supersedes all offers, negotiations and other agreements concerning the subject matter contained <br /> herein. Any amendments to this Agreement must be in writing and executed by both parties . <br /> (b) If any provision of this Agreement is held invalid or unenforceable by a court of competent <br /> jurisdiction, the remainder of this Agreement not being held invalid or unenforceable by a court of <br /> competent jurisdiction shall remain in full force and effect. <br /> (c) This Agreement shall be binding on and inure to the benefit of the successors and permitted <br /> assignees of the respective parties, subject to the provisions of Paragraph 11 , Assignment and <br /> Subleasing, of this Agreement. <br /> (d) This Agreement shall be governed by the laws of the State of Florida. Venue for any <br /> lawsuit brought by one party against the other party or otherwise arising out of this agreement shall <br /> be in Indian River County, Florida or, in the event of federal jurisdiction, in the United States <br /> District Court for the Southern District of Florida. <br /> (e) All Riders and Exhibits annexed hereto form material parts of this Agreement. <br /> (f) This Agreement may be executed in duplicate counterparts, each of which shall be deemed <br /> an original . <br /> (g) Licensor shall not be responsible for any loss, damage, destruction, or theft of Licensee ' s <br /> equipment or property. <br /> (h) Once during the initial term and once during any Renewal Terms of this Agreement, <br /> Licensor may, upon sixty (60) days ' written notice to Licensee, require Licensee to move or remove <br /> its equipment, including, but not limited to, antennas, cables, transmission lines, conduits, and <br /> supports, from the Elevated Tank, in order for Licensor to clean, paint, repair, or otherwise maintain <br /> the Elevated Tank. If such notice is given, Licensor agrees to permit Licensee to place temporary <br /> transmission facilities on the Property until such time as Licensor has completed the maintenance to <br /> the Elevated Tank. <br /> (i) Upon prior notice to Licensee at least twenty-four (24) hours in advance, Licensor shall <br /> have access to the Premises, when accompanied by Licensee or its employee(s) or agent(s) . <br /> 20_ ENTIRE AGREEMENT, <br /> This Agreement constitutes the entire agreement of the parties hereto and shall supersede all prior <br /> offers, negotiations, and agreements . No revision of this Agreement shall be valid unless executed <br /> in writing by both parties. <br /> IN WITNESS WHEREOF, the parties have made and executed this Elevated Water Tank <br /> Space License Agreement on the 23rd day of March , 2004 . <br /> Page 10 of 15 <br /> F:\Utilities\UTILITY - ENGINEERING\WTP - South RO\Cellular Antennas and Wireless Info\T-Mobile 001 - Gifford Water Tank License to Occupy March 12, 2004.DOC <br />
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