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• 44 VP la • sifit • e • • Mkt: Ft. Lauderdale Site No.: FL•1392-A Site Name: Sebastian 1R09 Sebastian Pap 7 of 12 telecommunication facilities located on or about. the Tower and/or Equipment Building and all right, title and interest in and to the Tower and the Equipment Building shall vest in and become the property of COUNTY. Ln removing its personal property, TENANT must leave the Tower and Equipment Building in the condition that existed upon termination of this Agreement, subject to normal wear and tear. 1S. Transfer of Tit14. Ouiet tnlovment and Access to the property: COUNTY warrants that it has valid leasehold to the Property and has the right to execute this Agreement and agrees that TENANT shall, subject to the terms and conditions of this Agreement, have the peaceable and quiet enjoyment and possession of the Property without any interference or hindrance from COUNTY or any persons lawfully claiming by, through or under COUNTY. COUNTY further covenants that there are no liens, judgments, impediments of title or any third party claims to,.against or concerning the Property. 16. Subordination: This Agreement shall not be subordinate to any mortgage entered into by COUNTY which, from time to time, may encumber all or any portion of the Property or right of way unless such mortgagee recognizes the validity of this Agreement and enters into a non -disturbance and attornment agreement with TENANT, in a form acceptable to TENANT, pursuant to which TENANT shall have the right to remain in occupance of and have access to the Property in the event COUNTY's interest in the property is foreclosed. The parties acknowledge and agree that all instruments necessary to evidence subordination and the non -disturbance and attornment agreement shall be executed in a timely manner and in recordable form. 17. Condemnation: If a condemning authority takes all of the Property or any portion sufficient, in TEZNANT's sole determination, to render the Property, the Tower and/or Equipment Building unsuitable for the use which TENANT was then making of the Property, the Tower and/or the Equipment Building, this Agreement shall terminate as of the date that title vests in the condemning authority The parties shall be entitled to share in the condemnation proceeds in proportion to the values of their respective interest in the Property as such interest exists immediately prior to the termination of this Agreement (which for TENANT shall include, where applicable, the value of its t elecommunication facilities, the Tower and the Equipment Building, moving expenses, prepaid rent and business dislocation expenses) the flake of ail or part of the Property to a purehassr with the pewter at eminent domain in the face of the exercise of such power, shall be treated as a taking by condemnation. EC all of the Property or any portion thereof is condemned by any legally constituted authority for any public use or purpose and TENANT'S ability to use the Property an accordance with the terms set forth h erein is impaired. then this Agreement shall cease from the time t hat such condemning authority takes possession of the Property., • Cel trof %214:4111,111=14141A, = t 11 }' 1 t'. }