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(Nextel Site#MN0072) <br /> 5. Attorneys' Fees. If either party commences an action against the other party <br /> arising out of or in connection with this Agreement, the prevailing party will be entitled to <br /> recover attorneys' fees and expenses from the other. <br /> 6. Successors. This Agreement will be binding upon and inure to the benefit of the <br /> parties hereto and their respective heirs, successors and assigns. <br /> 7. Counterparts. This Agreement may be executed in any number of duplicate <br /> originals or counterparts, each of which will be deemed to be an original, and all of which taken <br /> together will constitute one and the same agreement. The parties agree that their signatures may <br /> be delivered by fax or email. <br /> 8. Governing Law. The validity, interpretation, construction and performance of <br /> this Agreement will be controlled by and construed under the laws of the state in which the Site <br /> is located. <br /> IN WITNESS WHEREOF,the parties have executed this Lease Termination Agreement <br /> and Release as of the date and year first above written. <br /> "OWNER" "NEXTEL" <br /> City of New Brighton, Nextel west Corp., <br /> a Minnesota municipal corporation a Delaware corporation <br /> By: By: <br /> Name: Name: <br /> Title: Title: <br /> 3 <br /> 04 iDEN DeComm Lease Termination Agreement 05142012 <br /> 412167 CLL NE136-131 <br />