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Section 32. Upon termination for this reason, all prepaid License Fees shall be <br />retained by LICENSOR. <br />39. MISCELLANEOUS PROVISIONS. <br />A. Each undersigned represents and warrants that its signature herein below has the <br />power, authority and right to bind their respective Parties to the terms of this <br />Agreement, and each Party shall indemnify the other fully, including reasonable <br />costs and attorney's fees, for any injuries or damages incurred in the event that <br />such authority or power is not, in act, held by the signatory or is withdrawn. <br />B. The Parties agree that LICENSOR has entered into this Agreement in its <br />proprietary capacity as owner of the Premises and not in any regulatory capacity. <br />C. All Exhibits referenced herein and attached hereto shall be incorporated as if fully <br />set forth in the body of this Agreement. <br />D. In the event of any conflict of inconsistency between the terms and condition in <br />this Agreement and any terms or conditions set forth in any Exhibit, purchase <br />order, or other document relating to the transactions contemplated by this <br />Agreement, the terms and conditions set forth in this Agreement shall prevail. <br />[signature page follows] <br />Page 19 of 107 <br />