Laserfiche WebLink
In the event that the whole of the Property, including without limitation the Property and Elevated <br /> Tank, shall be taken or condemned, either temporarily or permanently, for public purposes, or sold <br /> to a condemning authority under threat of condemnation to prevent taking, then this Agreement <br /> shall forthwith automatically cease and terminate . The County shall receive the entire <br /> condemnation award for Land, Elevated Tank and such other improvements as are paid for by <br /> County, and MetroPCS hereby expressly assigns to the County any and all right, title, and interest <br /> of MetroPCS now, or hereafter arising in and to any such award. MetroPCS may recover from such <br /> authority, and shall not recover from the County, any compensation as may be awarded to <br /> MetroPCS on account of its interest in this Agreement. <br /> 19. MISCELLANEOUS . <br /> (a) This Agreement constitutes the entire agreement and understanding between the parties, and <br /> supersedes all offers, negotiations and other agreements concerning the subject matter contained <br /> herein. Any amendments to this Agreement must be in writing and executed by both parties . <br /> (b) If any provision of this Agreement is held invalid or unenforceable by a court of competent <br /> jurisdiction, the remainder of this Agreement not being held invalid or unenforceable by a court of <br /> competent jurisdiction shall remain in full force and effect. <br /> (c) This Agreement shall be binding on and inure to the benefit of the successors and permitted <br /> assignees of the respective parties, subject to the provisions of Paragraph 11 , Assignment and <br /> Subleasing, of this Agreement. <br /> (d) This Agreement shall be governed by the laws of the State of Florida. Venue for any <br /> lawsuit brought by one party against the other party or otherwise arising out of this agreement shall <br /> be in Indian River County, Florida or, in the event of federal jurisdiction, in the United States <br /> District Court for the Southern District of Florida. <br /> (e) All Riders and Exhibits annexed hereto form material parts of this Agreement . <br /> (f) This Agreement may be executed in duplicate counterparts, each of which shall be deemed <br /> an original . <br /> (g) The County shall not be responsible for any loss , damage , destruction, or theft of <br /> Licensee ' s equipment or property. <br /> (h) Once during the initial term and once during any Renewal Terms of this Agreement, the <br /> County may, upon sixty (60) days ' written notice to MetroPCS , require MetroPCS to move, or <br /> remove its equipment, including, but not limited to, antennas, cables, transmission lines, conduits, <br /> and supports, from the Elevated Tank, in order for the County to clean, paint, repair, or otherwise <br /> maintain the Elevated Tank. If such notice is given, the County agrees to permit MetroPCS to place <br /> temporary transmission facilities on the Property, until such time as the County has completed the <br /> maintenance to the Elevated Tank. <br /> (i) Upon prior notice to MetroPCS at least twenty-four (24) hours in advance, the County shall <br /> have access to the Premises, when accompanied by Licensee , or its employee(s) or agent(s) . <br /> Page 10 of 15 <br /> CADocuments and SettingsTJ Bob Armijo\Desktop\oPCS003-KingsHighwayWaterTankLicensetoOccupyMarchl5,2005-2.doc <br />