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and all furniture, furnishings, equipment, and other personal property then located on the premises. 23. Attorney's fees and Costs. The prevailing Party shall pay all costs and reasonable attorney's fees that the other Party incurs in enforcing any of the rights or remedies provided for pursuant to this Agreement. 24. Exclusivity and Amendment. This Agreement represents the complete and exclusive statement between the City and TKO regarding the subject matter herein, and supersedes any and all other agreements, oral or written, between the Parties regarding the use of the Fitness Room. In the event of conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and an authorized representative of TKO. The Parties acknowledge that no representatives, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 25. Assig_nment. TKO may not assign, transfer, delegate or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. TKO shall not allow any other person or entity to use the Fitness Room without the prior written consent of City. 26. Force Mai care. Should the performance of an act required by this Agreement to be performed by either the City or TKO be prevented or delayed by reason of an act of God, strike, lockout, labor troubles, inability to secure materials, restrictive government laws or regulations, or any other cause except financial inability not the fault of the Party required to perform the act, the time for performance of the act will be extended for a period of time equivalent to the period of the delay, and performance of the act during the period of delay will be excused, provided, however, that nothing contained in this section shall excuse the prompt payment of compensation by TKO as required by this Agreement or the performance of any act rendered difficult solely because of the financial condition of the party, City or TKO, required to perform the act. 27. Construction. The Parties acknowledge that each Party and its counsel have reviewed and revised this Agreement and that the normal rule of construction to the effect that any ambiguities are resolved against the drafting party shall not be employed in the interpretation of this Agreement. 28. Severability. If any one or more of the provisions contained in this Agreement shall for any reason be held invalid, illegal or unenforceable in any respect such Facility Use Agreement With TKO Youth Foundation 8