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2. ASSIGNMENT. As of the date hereof, Assignor hereby grants, transfers, <br /> conveys and assigns all of Assignor's rights, duties, and obligations ("Rights and Obligations") in <br /> connection with the relocation of the Park as more particularly described below: <br /> If requested by FIND, Assignee shall relocate the Park to a location designated <br /> by FIND, which relocation shall not require the Park to be closed for more than <br /> thirty (30) days, shall be substantially similar to the existing Park, shall be <br /> constructed by Assignee at Assignee's sole cost and expense, and for which <br /> Assignee shall have the right to use all of the existing improvements in the Park. <br /> 3. ACCEPTANCE OF ASSIGNMENT. Assignee hereby accepts the foregoing <br /> assignment of the Rights and Obligations and assumes all of Assignor's Rights and Obligations <br /> as described above as of the Transfer Date. To the extent permitted under Florida law, <br /> Assignee will indemnify, defend and hold harmless Assignor, its successors and assigns and <br /> their representatives, agents, employees, directors and officers from and against any and all <br /> acts arising out of or in any way related to the assigned Rights and Obligations on and after the <br /> Transfer Date. <br /> 4. ATTORNEYS' FEES AND COSTS. In the event of any litigation arising out of <br /> this Assignment, including any appellate proceedings as a result thereof, the prevailing party <br /> shall be entitled to recover any and all expenses and costs incurred, including reasonable <br /> attorneys' fees and legal assistants' fees. <br /> 5. BINDING EFFECT. This Assignment shall be binding upon, and shall inure to <br /> the benefit of, the parties hereto and their respective legal representatives, successors and <br /> assigns. <br /> 6. COUNTERPARTS. This Agreement may be executed in one or more <br /> counterparts, each of which shall be deemed an original, but all of which together shall <br /> constitute one and the same instrument. <br /> [SIGNATURE PAGES FOLLOW] <br /> 2 <br />