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•r„ <br />23. Either party hereto shall have the right to cancel this agreement as to any one or more of the existing crossings, <br />appliances, fixtures or facilities as shown on the attached Schedule or to any future -crossings, appliances, fixtures or facilities <br />at any time upon thirty (30) days' notice in writing to the other party. <br />24. This agteanent shall be for a term of one (1) year and shall be automatically renewed for additional tams of <br />one (1) year subject to the terms and conditions herein contained. PROVIDED ALWAYS, that this agreement shall be <br />subject to cancellation during the initial term or of any renewal tens, in the manner hereinbefore provided in Paragraph No. <br />23. <br />25. That this agreement shall be binding upon the successors or the heirs and assigns of Licensee and none of the <br />covenants or agreanants herein contained shall be waived or modified except by both parties hereto in writing and no alleged <br />verbal waiver or modification shall be binding under any circumstances. <br />26. If Licensee be a municipality or a public or quasi public corporation then it agrees that no assessment or other <br />charges or any nature whatsoever shall be levied or made against the Railway or against its property on account of the <br />installation or existence of Licensee's facilities at this location. <br />27. NON-PAYMENT. It is expressly agreed by and between the parties hereto that any obligations of the <br />Licensee under the tams of this agreane nt which are not paid within thirty (30) days of presentation of bills for same by the <br />Railway shall bear inta+est at the rate of twelve percent (12%) per annum from the date of presentation of the bill until same <br />shall be paid. <br />28. This Agreement shall be construed in accordance with the laws of the State of Florida <br />29. This Agreement shall constitute the entire understanding of the parties on the subject matter hereof and each <br />acknowledges and affirms that no promises, agreements, representations, teems or conditions other than contained and set <br />forth in this Agreement, either express of implied, have been made or relied upon. <br />30. RAILWAY AND LICENSEE HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY <br />WAIVE THE RIGHT THAT THEY MAY HAVE TOA TRIAL BY JURY INRESPECT TO ANY LITIGATION BASED <br />ON THIS AGREEMENT, OR ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. THE <br />PARTIES SPECIFICALLY AGREE TO VENUE IN DADE COUNTY, FLORIDA. <br />31. In the event of litigation between the parties in connection with this Agreement, the prevailing party shall be <br />entitled to a reasonable attorney's fee. <br />\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\U\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\U\\\\\\\\\\\\11\\\\\\1\\\\1\\\\\1\\\1\\\1\\\\\\\1\\1\\1\\\1\11\\ <br />217-4-0.AGM <br />4 <br />