2008-362A - Laserfiche WebLink

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GTP Site ID: FL-5586 GTP Site Name: Vero Beach 17. FORCE MAJEURE. The time for performance by County or Global Tower of any term, provision, or covenant of this Agreement shall be deemed extended by time lost due to delays resulting from acts of God, strikes, civil riots, floods, material or labor restrictions by governmental authority, and any other cause not within the control of County or Global Tower, as the case may be. 18 . DEFAULT. The failure of Global Tower or County to perform any of the covenants of this Agreement shall constitute a default. The non-defaulting party shall give the other written notice of such default, and the defaulting party shall cure such default within thirty (30) days after receipt of such notice. In the event any such default cannot reasonably be cured within such thirty (30) day period, if the defaulting party shall proceed promptly after the receipt of such notice to cure such default, and shall pursue curing such default with due diligence, the time for curing shall be extended for such period of time as may be necessary to complete such curing, however, in no event shall this extension of time be in excess of sixty ( 60) days, unless agreed upon by the non-defaulting party. 19. REMEDIES . Should the defaulting party fail to cure a default under this Agreement, the other party shall have all remedies available either at law or in equity, including the right to terminate this License. In the event County elects to terminate this License due to a default by Global Tower, it shall continue to honor all sublicense commitments made by Global Tower through the expiration of the term of any such commitment, it being intended hereby that each such commitment shall survive the early termination of this License. 20. ATTORNEY' S FEES . If there is any legal proceeding between County or Global Tower arising from or based on this Agreement, the unsuccessful party to such action or proceeding shall pay to the prevailing party all reasonable costs and expenses, including reasonable attorney' s fees and disbursements, incurred by such prevailing party in such action or proceeding and in any appeal in connection therewith. If such prevailing party recovers a judgment in any such action, proceeding or appeal , such reasonable costs, expenses and attorney' s fees and disbursements shall be included in and as a part of such judgment. 21 . PRIOR AGREEMENTS. The parties hereby covenant, recognize and agree that the terms and provisions of this License shall constitute the sole embodiment of the arrangement between the parties with regard to the Premises, and that all other written or unwritten agreements, contracts, or Licenses by and between the parties with regard to the Premises are hereby terminated, superseded and replaced by the terms hereof. The terms of this paragraph do not apply to existing agreements the County may have with other entities other than Global Tower. 22 . LENDER ' S CONTINUATION RIGHTS . County agrees to recognize the leases/licenses of all sub- licensees and will permit each of them to remain in occupancy of its premises notwithstanding any default hereunder by Global Tower so long as each such respective sub-licensee is not in default under the lease license covering its premises . County agrees to execute such documents as any such sub-licensee might reasonably require, including customary subordination, non-disturbance and attornment agreements and/or County recognition agreements, to further memorialize the foregoing, and further agrees to use reasonable efforts to also cause its lenders to similarly acknowledge, in writing, sub-licensee ' s right to continue to occupy its premises as provided above. County consents to the granting by Global Tower of a lien and security interest in Global Tower' s interest in the License and all of Global Tower' s personal property and fixtures attached to the real property described herein, and furthermore consents to the exercise by Global Tower' s mortgagee of its rights of foreclosure with respect to its lien and security interest. County agrees to recognize Global Tower' s Lender (as hereinafter defined) as Global Tower hereunder upon any such exercise by Lender of its rights of foreclosure . 8