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SITE ID: A-2-G-082-13 SITE NAME: City of Zephyrhills notice to Owner and opportunity to cure), in addition to any other rights and remedies available to APT at law or in equity,APT shall be entitled to cure said default and to set-off and offset any and all sums, costs, expenses, fees (including reasonable attorney's fees) and damages incurred by APT in effecting such cure against Rent and any other sums due or thereafter coming due from APT to Owner under this Agreement. 16. MISCELLANEOUS. A. Owner represents and warrants that Owner has full authority to enter into and sign this Agreement and has good and marketable title to the Owner's Property. B. APT represents and warrants that it is duly authorized to do business in Florida and that the undersigned signatory for APT is fully authorized by APT to enter into this Agreement on behalf of APT. C. This Agreement supersedes all prior discussions, negotiations and agreements between the parties hereto and contains all agreements and understandings between the Owner and APT regarding the subject matter of this Agreement This Agreement may only be amended by a writing signed by both parties. Exhibits"A"through"C"are hereby incorporated into this Agreement by reference. D. This Agreement may be signed in counterparts by the parties hereto. E. The terms and conditions of this Agreement shall extend to and bind the heirs, personal representatives, successors and assigns of Owner and APT. F. The prevailing party in any action or proceeding to enforce the terms of this Agreement shall be entitled to receive its reasonable attorneys' fees and other reasonable enforcement costs and expenses from the non-prevailing party. G. Simultaneously herewith or on or before the Commencement Date, Owner shall execute and acknowledge and deliver to APT for recording a memorandum of this Agreement ("Memorandum") in the form of Exhibit "C". Owner hereby grants APT permission to insert the effective date of this Agreement into the Memorandum after execution of the Memorandum. H. APT may assign this Agreement or sublet the Project Site (in whole or in part) at any time and from time to time without Owner's consent. No assignment or subletting shall release APT from any of the obligations arising under this Agreement. I. Notices shall be in writing and sent by United States Mail, postage prepaid, certified or registered with return receipt requested or by any nationally-recognized overnight courier service to the address set forth beneath the signature of each party below. Any such notice shall be deemed given when deposited in the United States Mail or delivered to such courier service. J. This Agreement shall be construed in accordance with the laws of the State of Florida. K. Each party agrees to fumish to the other,within ten (10) days after request, such truthful estoppel information as the other may reasonably request. L. Owner and APT each represent that they have not been represented by a real estate broker or other agent in this transaction. Each party shall indemnify and hold the other party harmless from any claims for commission,fee or other payment by such broker or any other agent claiming to have represented a party herein. M. Tower shall be free of all material and mechanics liens. N. The parties hereto warrant and represent, each to the other, that the matters of fact contained herein are true and accurate. R:U.ega1\MAIL MERGE DOCUMENTS\Basic Package DocumentAMM_Conditional SA Land Rev] 042397.doc 4 11/19