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Premises, shall be suspended and abated from the date of commencement of such Force Majeure event until the <br />date that such Force Majeure event subsides. If such Force Majeure event prevents the affected Party from <br />performing its obligations under this Agreement, in whole or in part, for a period of forty-five (45) or more days, <br />then the other Party may terminate this Agreement immediately upon Notice to the affected Party. <br />12.7 Successors and Assigns. The respective rights and obligations provided in this Agreement shall <br />bind and shall continue to apply for the benefit of the Parties hereto, their legal representative, heirs, successors <br />and permitted assigns. No rights however, shall continue to apply for the benefit of any assignee, unless such <br />assignment was made in accordancewith Section 12.1 of this Agreement. <br />12.8 Governing Law and Construction. This Agreement shall be construed, governed and enforced in <br />accordance with the laws of the state in which the Premises is located. The section and paragraph headings <br />contained in this Agreement are solely for reference purposes, and shall not affect in any waythe meaning or <br />interpretation of this Agreement. <br />12.9 Severability. Each provision of this Agreement shall be construed as separable and divisible from <br />every other provision and the enforceability of any one provision shall not limit the enforceability, in whole or in <br />part, of any other provision. Ifa court or administrative body of competent jurisdiction holds any provision of this <br />Agreement to be invalid, illegal, void or less than fully enforceable as to time, scope or otherwise, such provision <br />shall be construed by limiting and reducing it so that such provision is valid, legal and fully enforceable while <br />preserving tothe greatest extent permissible the original intent of the parties; the remaining terms and conditions <br />of this Agreement shall not be affected by such alteration, and shall remain in full force and effect. <br />12.10 Waiver; Remedies. It is agreed that, except as expressly set forth in this Agreement, the rights <br />and remedies herein provided in case of Default or breach by either Landlord or Tenant are cumulative andshall <br />not affect in any manner any other remedies thatthe non -breaching Party may have by reason of such defaultor <br />breach. The exercise of any right or remedy herein provided shall be without prejudice to the right to exerciseany <br />other right or remedy provided herein, at law, in equity or otherwise. <br />12.11 Notice. All notices or requests that are required or permitted to be given pursuant to this <br />Agreement must be given in writing by certified US mail (postage pre -paid) with return receipt requested or by <br />courier service (charges prepaid), or solely in the case of notice to Landlord by email, to the party to be notified, <br />addressed to such party at the address(es) or email address(es) set forth below, or such other address(es), email <br />address(es) or fax number(s) as such Party may have substituted by written notice (given in accordance with this <br />Section 12.11)to the other Party ("Notice"). The sending of such Notice to the proper email address (in the case <br />of email transmission) or the receipt of such Notice (in the case of delivery by first-class certified mail or by courier <br />service) will constitute the giving thereof. <br />If to be given to Landlord: <br />Indian River County <br />Board of County Commissioners <br />Attn: Finance Department <br />1801 27th Street <br />Vero Beach, Florida, 32960 <br />If to be given to Tenant: <br />DISH Wireless L.L.C. <br />Attn: Lease Administration <br />5701 South Santa Fe Blvd. <br />Littleton, Colorado 80120 <br />12.12 Entire Agreement. This Agreement sets forth the entire, final and complete understanding <br />between the Parties hereto regarding the subject matter of this Agreement, and it supersedes and replaces all <br />previous understandings or agreements, written, oral, or implied, regarding the subject matter ofthis Agreement <br />Site Number: MIMIA00558A Lease Version: 1.0 <br />Market: MIAMI AINI <br />