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<br />12. Binding Agreement; Parties Bound. This Agreement has been duly <br />executed and delivered by ARN and the City, and the individuals signing on behalf of <br />ARN and the City represent and warrant that he or she is duly authorized to sign this <br />Agreement. This Agreement is binding on and shall inure to the benefit of the parties <br />hereto and to their respective heirs, executors, administrators, legal representatives, <br />successors, and assigns where permitted by this Agreement. <br /> <br />13. Time of the Essence. Time is of the essence in the payment and <br />performance obligations under this Agreement. Notwithstanding the foregoing, ARN <br />cannot control the issuance of any license by the FCC, and shall not be responsible for <br />any delays in the issuance of such license by the FCC. <br /> <br />14. Counterparts. This Agreement may be executed in any number of <br />counterparts and each of such counterparts shall for all purposes be deemed to be an <br />original. <br /> <br />15. Prior Agreements Superseded. This Agreement supersedes any prior <br />understandings or written or oral agreements between the parties respecting the subject <br />matter here of, and there are no other agreements between the parties with respect to the <br />terms of this Agreement, written or otherwise, except as set forth herein. <br /> <br />16. Attorney's fees. In the event of a dispute hereunder, the prevailing party <br />shall be entitled to a reasonable attorney's fee and costs, including, without limitation, <br />any such fees or costs paid or incurred in connection with any mediation, arbitration, <br />litigation, and appeals or other post-judgment or post-decision proceedings. <br /> <br />[SIGNATURES ON NEXT PAGE] <br /> <br />4 <br /> <br />Initials: <br />