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A TRUE COPY
<br />CERTIFICATION ON, LAST PAGE
<br />J.R. SMITH, CLERK
<br />concession agreement, mortgage, contract or other agreement which conflicts with or is contradictory to the
<br />terms and provisions of this License.
<br />14. Holding Over. If Licensee continues to occupy and/or use the Licensed Premises, or any part
<br />thereof, after expiration, termination or revocation of this License, then no tenancy, ownership or other
<br />legal interest in the Licensed Premises to the benefit of Licensee shall result therefrom, but such holding
<br />over shall be an unlawful detainer and all parties occupying and/or using the Licensed Premises shall be
<br />subject to immediate eviction and removal and Licensee shall upon demand pay to Licensor, as liquidated
<br />damages, a monthly sum equal to the monthly License Fees owed by Licensor to Licensee pursuant to the
<br />Fiber License Agreement for and during any and all period(s) which Licensee and/or its employees, agents,
<br />contractors, subcontractors, licensees, and invitees fail to vacate the Licensed Premises after the date upon
<br />which this License becomes expired, terminated, or revoked.
<br />15. Waiver of Jury Trial. Licensee and Licensor knowingly, voluntarily and intentionally waive
<br />any and all right(s) they may have to a trial by jury with respect to any litigation based upon, or
<br />arising from, under, or in connection with this License, or any document contemplated to be
<br />executed in conjunction herewith, or any course of conduct, course of dealing, statement (whether
<br />oral or written) or action of Licensee or Licensor. In any and all litigation arising out of or in connection
<br />with enforcement of the terms, conditions or provisions of this License, the prevailing parry in such litigation
<br />shall be entitled to recovery of each and all of its costs, including reasonable attorneys' fees.
<br />16. Applicable Law and Venue. This License, including each and all of its terms, conditions and
<br />provisions, is governed by and interpreted according to the laws of the State of Florida. Venue for all
<br />legal matters arising out of, or in connection with this License are and shall be the courts of the State of
<br />Florida in Indian River County, Florida, which court shall have exclusive jurisdiction for such purpose.
<br />If any term, condition or provision, or any part thereof, is found by a Florida court to be unlawful, void or
<br />unenforceable, then that term, condition, provision or part thereof shall be deemed severable and will not
<br />affect the validity and enforceability of any of the remaining terms, conditions and provisions of this
<br />License.
<br />17. Time and Entire Agreement: Time is of the essence, and no extension of time shall be deemed
<br />granted unless made in writing and executed by both Licensor and Licensee. This instrument constitutes the
<br />entire agreement between the parties hereto and relative to the License, and any agreement or representation
<br />which is not expressly set forth herein and covered hereby is null and void. All amendments, modifications,
<br />changes, alterations and supplements to this License must be in writing and executed by both Licensor and
<br />Licensee in order to be deemed valid and enforceable. If Licensor or Licensee fails or elects to not enforce
<br />the other party's breach of any term, condition or provision of this License, then Licensor's or Licensee's
<br />failure or election to not enforce the other parry's breach shall not be deemed a waiver of the non -breaching
<br />party's right to enforce one or more subsequent breaches of the same or any other term, condition or provision
<br />of this License.
<br />18. Notices. All notices associated with and related to this License shall be deemed to have been served
<br />upon the date and time received by Licensor or Licensee at the addresses set forth in the Preamble by:
<br />government postal service, private delivery service, electronic email or facsimile transmission. Either party
<br />may, at any time, designate in writing a substitute address for the address first written above, and thereafter
<br />notices shall be directed to such substituted address.
<br />19. Counterparts. This License may be executed in multiple counterparts, each of which shall be
<br />deemed an original, and all of which together shall constitute a single instrument.
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