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notice and seek recovery of any loss, damage or expense, including attorney's fees, for which Owner seeks reimbursement. 17. Temporary Equipment Installation. During temporary periods of equipment installation, the area between the public right of way and the Leased Premises may be used as a staging area. Use of this area shall be limited to that which is necessary to complete the installation of new or replacement equipment and shall not exceed the time required to complete the installation activities and shall acquire necessary permits and licenses from City. 18. Additional Proceeds. In the event any Assigns or Sublessees of the Lessee, for any reason, fail to maintain its/their interests in the Leased Premises prior to the end of the lease term, the City shall have the right to share in any additional proceeds received by Lessee on 50/50 basis, less costs of procuring such additional proceeds.. 19. As -Is. By taking possession of the Leased Premises, Lessee accepts the Leased Premises in the condition existing as of the date of execution of this Agreement. Except as otherwise expressly provided herein, Owner makes no representation or warranty with respect to the condition of the Leased Premises and Owner shall not be liable for any latent or patent defect in the Leased Premises. Notwithstanding anything to the contrary herein, Owner shall not at any time be liable for injury or damage occurring to any person or property from any cause whatsoever arising out of Lessee's construction, maintenance, repair, use, operation, condition or dismantling of the Leased Premises unless caused by the sole negligence or willful misconduct of Owner, its employees, agents or contractors. 20. Miscellaneous. (a) This Agreement applies to and binds the heirs, successors, executors, administrators and assigns of the parties to this Agreement; (b) this Agreement is governed by the laws of the state of Florida; (c) the Parties shall execute and record a Memorandum of this Agreement in a form attached hereto as EXHIBIT "C;" (d) this Agreement (including the Exhibits) constitutes the entire agreement between the parties and supersedes all prior written and verbal agreements, representations, promises or understandings between the parties with respect to the subject matter hereof; (e) any amendments to this Agreement must be in writing and executed by both parties; (f) if any provision of this Agreement is invalid or unenforceable with respect to any party, the remainder of this Agreement or the application of such provision to persons other than those as to whom it is held invalid or unenforceable, will not be affected and each provision of this Agreement will be valid and enforceable to the fullest extent permitted by law; (g) the prevailing party in any action or proceeding in court to enforce the terms of this Agreement is entitled to receive its reasonable attorneys' fees and other reasonable enforcement costs and expenses from the non -prevailing party, including all costs and expenses incurred through all appeals; (h) the failure of either party to insist upon strict performance of any of the terms or conditions of this Agreement or to exercise any of its rights under the Agreement shall not waive such rights and such party shall have the right to enforce such rights at any time and take such action as may be lawful and authorized under this Agreement, either in law or in equity, and (i) the captions contained in this Agreement are inserted for convenience only and are not intended to be part of the Agreement, and they shall not affect or be utilized in the construction or interpretation of the Agreement. 21. Rights Upon Sale. Should Lessee, its Assigns or Sublessees, at any time during the tern of this Agreement, decide to sell all or any part of the Premises to a purchaser, such sale shall be under and subject to this Agreement and Owner's rights hereunder. Owner shall not be prohibited from the selling, leasing, or using of any of Owner's Property or surrounding property for non -wireless communication use, provided such non -communication use does not interfere with Lessee's operations as set fortli hereunder. 22. Casualtv. (a) In the event of damage by fire or other casualty to the Leased Premises that cannot reasonably be expected to be repaired within thirty (30) days following same or, if the Leased Premises is damaged by fire or Page 7 of 12