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. , SITE ID: A-2-G-082-G S{TE NAME: Cit�r of Zephyrhilis notice to Owner and opportunihr to cure), in addition to any other rights and remedies available to APT at law or in equity,APT shall be en�ded to cure said defaun and to set-o!f and ofFset any and ail sums, costs, expenses, fees (indudi�g reasonable attomey's fees)and damages incuRed by APT in ef�eCtinp such cure against Rent and any other aums due or thereaRer coming due irom APT to Owner under this Agroement 16. M/SCELLANEOUS. A Owner reprosents and wan�ants that Owner has tull authority to ente�into and sign this Apreement and has good and marketsbie Ude t�the Owners Property. B. APT ropresents and wanants that it is duly authorized b� do business in Fbrids and that the undersigned signatory for APT is fuby sulhorized by APT bo enter inb�this AQroement on behalf of APT. C. This Agreement supersedes all prior discussions, negotiations and agreements between the parties hereto and contains all agroeme�ts and understandings beNveen the Owner and APT regarding the subject ma�er of this Agreement This Agreement may only be amended by a writing signed by both parties. Exhibits"A"through"C"are hereby inoorperated inb this Agreement by re�erence. D. This Agreement may be signed in counterparts by the parties hereto. E. The tertns and conditans of this Apreement shatl extend to and bind the heirs, personal representaWes, suooessors and assigns of Owner and APT. F. The prevailing party in any action or proceeding to enforce the tertns of this Agreement shall be entitled to rec;eive i� reasonable attomeys'fees and other reasonable enfo�ement 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 rec�rding a memorandum of this Agreement("Memorandum") in the foRn of Exhibit "C". Owner hereby grants APT pertnission to insert the effectivve date of this Agreement into the Memorandum after execudon of the Memorandum. H. APT may assign this Agreement ar sublet the Project Site (in whole or in part) at any time and from time to time without Owners consent. No assignmerrt or subletting shall release APT from any of the obliga�ons arising under this Agreement. I. No�c�s shall be in writing and sent by United States Mail, postage prepaid, certified or registered with return receipt requested or by any nafwnally-recognized ovemight 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 info►mation 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 acxurate. R:1Legat�MAIL MERGE DOCUMENTS�Basic Package Documents�MM_Conditional SA Land Revl 042397.doc 4 l 1/19 �