breached. Accordingly, each of the parties agrees that the other party shall be entitled to an injunction or injunctions to prevent breaches of the provisions of this Agreement and to enforce specifically this Agreement and the terms and provisions hereof in any action instituted in any court of the United States or any state thereof having jurisdiction over the parties and the matter, in addition to any other remedy to which it may be entitled, at law or in equity.
Section 9.9 Construction; Definitions . Whenever the words “include,” “includes” or “including” are used in this Agreement, they shall be deemed to be followed by the words “without limitation.” For purposes of this Agreement, including the Exhibits and Disclosure Schedules hereto, whenever the context requires, the singular number will include the plural, and vice versa; the masculine gender will include the feminine and neuter genders; the feminine gender will include the masculine and neuter genders; and the neuter gender will include the masculine and feminine genders.
Section 9.10 Fees and Expenses . Except as provided in this Section 9.10, all fees and expenses incurred in connection with this Agreement and the transactions contemplated hereby shall be paid by the party incurring such fees or expenses, whether or not the Closing is consummated, except that each of Seller and Buyer shall bear and pay one-half of the costs and expenses incurred in connection with the filings of the premerger notification and report forms under the HSR Act (including filing fees), if applicable.
Section 9.11 Notices . All notices, requests, claims, demands and other communications hereunder shall be in writing and shall be given (and shall be deemed to have been duly given upon receipt) by delivery in person, by facsimile, overnight courier or by registered or certified mail (postage prepaid, return receipt requested) to the respective parties at the following addresses, or at such other address for a party as shall be specified in a notice given in accordance with this Section 9.11:
If to Buyer
AAT Acquisition LLC
5900 Broken Sound Parkway NW Boca Raton, FL 33487 Facsimile: (561) 997-0343 Attention: Jeffrey A. Stoops
with a copy to: (which shall not be deemed notice)
SBA Communications Corporation 5900 Broken Sound Parkway NW Boca Raton, FL 33487 Facsimile: (561) 989-2941 Attention: Thomas P. Hunt, Esq.
Akerman Senterfitt One Southeast Third Avenue
28 th Floor Miami, FL 33131 Facsimile: (305) 374-5095 Attention: Kara L. MacCullough, Esq.