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In the event it is deemed necessary by either the CITY or LESSEE to file a law suit in the <br /> appropriate court of law to enforce any of the terms and conditions of this Lease Agreement, <br /> the prevailing party shall be entitled to reasonable attorney's fees. <br /> 39. SURRENDER OF AREA <br /> LESSEE will quietly and peaceably deliver the AREA to the CITY in the same repair and <br /> condition in which they were received at the inception of the Lease Agreement. <br /> 40. WRITTEN NOTICES <br /> City and LESSEE agree that all notices under this Lease Agreement must be in writing <br /> and shall be deemed to be served when delivered to the LESSEE at: <br /> (1) NEWPORT OPERATING COROPORATION <br /> 3850 Hollywood Boulevard, Suite 400 <br /> Hollywood, Florida 33021 <br /> (2) CITY OF SUNNY ISLES BEACH <br /> Attn: City Manager or City Attorney <br /> 18070 Sunny Isles Beach, FL 33160 <br /> 41. CAPTIONS <br /> The captions contained in this Lease Agreement are inserted only as a matter of <br /> convenience and for reference and in no way define, limit or prescribe the scope of this Lease <br /> Agreement or the intent of any provision thereof. <br /> 42. BINDING ON SUCCESSORS <br /> This Lease Agreement shall be binding upon the CITY and the LESSEE, their successors <br /> and assigns, and they shall abide by each of the terms and conditions hereof. <br /> 43. AMENDMENTS AND MODIFICATIONS <br /> No amendments or modifications to this Lease Agreement other than those <br /> administratively allowed herein shall be binding on either party unless in writing, signed by <br /> both parties and approved by the City Commission. <br /> 14 <br />