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� , • , � ' ` �� — — , : � SITE ID: A-2-G=082-G ' ' SITE NAME:Cit�l of Zephyrhills notice to Owner and opportunity to cure), in addition to any ther rights and remedies available to APT at law or in equity,APT shall be entitled to cure said defauit and to set ff and offset any and all sums, costs, expenses, fees (including reasonable attomey's fees)and damages incu by APT in effecting such cure against Rent and any other sums due or thereafter coming due from APT to Own under this Agreemen� 16. MISCELLANEOUS. A Owner represenffi and warrants that Owne has full authority to enter into and sign this Agreement and has good and marketable title to the Ow�ers Properly. B. APT represents and warrants that ft is d ly aut�orized bo do business in Florida and that the undersigned signatory far APT is fully authorized by APT to e ter intio this Agreement on behalf of APT. C. This Agreement supersedes all prior dis ssions, nego�ations and agreements beiween the parties herebo and contains all agreements and unders ndings between the Owner and APT regarding the subject matter of this qqreement This Agreement may nly be amended by a writing signed by both parties. Exhibits"A"through"C"are hereby incorporated into this A reement by reference. � D. This Agreement may be signed in counte arts by the parties hereto. E. The terms and conditions of this Ag ment shall extend to and bind the heirs, personal representatives,suxessors and assigns of Owner and AP . F. The prevailing party in any action or pr ing to enforce the terms of this Agreement shall be entitled to receive its reasonable attomeys'fees and othe reasonable enforoement 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 memora dum 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 subl t the Project Site (in whole or in part) at any time and from time to time without Owners consent. No assign ent or subletting shall release APT from any of the obligations arising under this Agreement , I. Notices shall be in writing and sent by U ited States Mail, postage prepaid, certified or registered with retum receipt requested or by any nationaliy-recog ized ovemight courier service to the address set forth beneath the signature of each party below. Any such no ce shall be deemed given when deposited in the United States Mail or delivered to such courier service. J. This Agreement shall be construed in a rdance 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 the have not been represented by a real estate broker or ' other agent in this transaction. Each party shall indemn and hold the other party harmless from any claims for commission,fee or other payment by such broker or any ther agent claiming to have represented a party herein. M. Tower shall be free of all material and m chanics liens. N. The parties hereto warrant and represe t, each to the other, that the matters of fact contained herein are true and accurate. R:U.ega11MAIL MERGE DOCUMENTS�Basic Package Docu entsV�iM_Conditional SA Land Revl 042397.doc 4 11/19 'I , �.