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14. This Agreement will become effective upon execution by Company and Licensee and will <br />remain in full force and effect until completion of Licensee's use of the Lands pursuant to this Agreement, <br />unless earlier terminated upon ninety (90) days written notice by Company to Licensee, or at the option of <br />Company, immediately upon Licensee failing to comply with or to abide by any or all of the provisions <br />contained herein. <br />15. The use granted herein as shown on Exhibit B shall be under construction by Licensee within <br />one (1) year of the effective date of this Agreement and the construction shall be diligently pursued to <br />completion. Licensee shall give Company ten (10) days prior written notice of its commencement of <br />construction. "Under construction" means the continuous physical activity of placing the foundation or <br />continuation of construction above the foundation of any structure or improvement permitted hereunder. Under <br />construction does not include application for or obtaining a building permit, a site plan approval or zoning <br />approval from the appropriate local government agency having jurisdiction over the activity, purchasing <br />construction materials, placing such construction materials on the site, clearing or grading the site (if permitted) <br />in anticipation of construction, site surveying, landscaping work or reactivating construction after substantially <br />all construction activity has remained stopped for a period of two (2) months or more. Licensee acknowledges <br />that failure to have the use under construction within the one (1) year time period will result in immediate <br />termination of this Agreement in accordance with Section 14 above for failing to comply with the provisions <br />contained herein unless Licensor grants a written extension for a mutually agreed upon time. Any request for <br />an extension of time shall be submitted in writing by Licensee no later than thirty (30) days prior to the <br />expiration of the one (1) year period for the project to be under construction. <br />16. The term "Licensee" shall be construed as embracing such number and gender as the character <br />of the party or parties require(s) and the obligations contained herein shall be absolute and primary and shall <br />be complete and binding as to each, including its successors and assigns, upon this Agreement being executed <br />by Licensee and subject to no conditions precedent or otherwise. <br />17. In the event any term or provision of this Agreement is determined by appropriate judicial <br />authority to be illegal or otherwise invalid, such provision shall be given its nearest legal meaning or be <br />construed as deleted as such authority determines, and the remainder of this Agreement shall be construed to <br />be in full force and effect. <br />18. In the event of any litigation arising out of enforcement of this Agreement, the prevailing party <br />in such litigation shall be entitled to recovery of all costs, charges and expenses of enforcement, including <br />reasonable attorneys' and paralegals' fees and court costs at all trial and appellate levels. <br />19. This Agreement constitutes the entire Agreement between the parties relative to the <br />transaction contemplated herein and neither this Agreement nor any term or provision hereof may be changed <br />or waived except by an instrument in writing and executed by both Licensee and Company. <br />20. This Agreement shall be interpreted and enforced in accordance with the laws of the State of <br />Florida. <br />21. This Agreement may be executed simultaneously or in counterparts, each of which together <br />shall constitute one and the same agreement. <br />22. This Agreement shall not be construed more strictly against one party than against the other, <br />merely by virtue of the fact that it may have been prepared by counsel for one of the parties, it being recognized <br />that both Licensee and Company have contributed substantially and materially in the negotiation and <br />preparation of this Agreement, and that the normal rule of construction to the effect that any ambiguities are to <br />be resolved against the drafting party shall not be employed in the interpretation of this Agreement or any <br />exhibits, schedules, addendums or amendments hereto. <br />Form 3740GROW Rev. 09/22/15 <br />Page 4 of 6 <br />