Reso 2013-2162 - Laserfiche WebLink

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34.9 Relationship. Nothing herein shall be deemed to create any partnership, joint venture, or principal -agent relationship between the parties, and neither party shall act toward third parties or the public in any manner which would indicate any such relationship other than landlord- tenant. 34.10 Governing Law. This Sublease shall be governed by, and construed and enforced in accordance with, the internal laws of the State of Florida, excluding its choice of law principles. Venue for any dispute shall be in Miami -Dade County, Florida. 34.11 Mediation. Sublessor and Subtenant agree that if a dispute develops between them arising from or in connection with this Sublease or the Prime Lease, they will submit to non- binding mediation to address any controversy or claim arising out of, or relating to this Sublease or the Prime Lease and the Landlord shall serve as the mediator. Prior to the beginning of the mediation process, Sublessor and Subtenant may agree that if there is one or more disputed items that remain unresolved at the end of the mediation, the parties will proceed with binding mediation where the mediator will render a final and binding decision on those unresolved items. If agreed to, the Settlement Agreement shall be binding upon the parties and shall be enforceable in any court of competent jurisdiction. Both parties shall share the cost of the dispute resolution process equally. 34.12 Facsimile Execution. Facsimile copies (i.e., telecopies) of counterparts of this Sublease, executed by all of the parties hereto, shall be considered for all purposes, including delivery, as originals. 35. Tury Trial Waiver. TO THE FULLEST EXTENT NOT PROHIBITED BY APPLICABLE LAW WHICH CANNOT BE WAIVED, EACH OF THE PARTIES HERETO HEREBY KNOWINGLY, VOLUNTARILY, INTENTIONALLY AND IRREVOCABLY WAIVES ANY AND ALL RIGHT TO A TRIAL BY JURY IN ANY ACTION OR PROCEEDING TO ENFORCE OR DEFEND ANY RIGHT, POWER, REMEDY OR DEFENSE ARISING OUT OF OR RELATED TO THIS SUBLEASE, WHETHER SOUNDING IN TORT OR CONTRACT OR OTHERWISE, OR WITH RESPECT TO ANY COURSE OF CONDUCT, COURSE OF DEALING, STATEMENTS (WHETHER VERBAL OR WRITTEN) OR ACTIONS OF ANY PARTY RELATING TO THIS SUBLEASE; AND AGREES THAT ANY SUCH ACTION OR PROCEEDING SHALL BE TRIED BEFORE A JUDGE AND NOT BEFORE A JURY. EACH OF THE PARTIES HERETO FURTHER WAIVES ANY RIGHT TO SEEK TO CONSOLIDATE ANY SUCH LITIGATION IN WHICH A JURY TRIAL HAS BEEN WAIVED WITH ANY OTHER LITIGATION IN WHICH A JURY TRIAL CANNOT OR HAS NOT BEEN WAIVED. FURTHER, EACH OF THE PARTIES HERETO HEREBY CERTIFIES THAT NO OTHER PARTY NOR ANY REPRESENTATIVES, AGENTS OR ATTORNEYS OF ANY OTHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT IT WOULD NOT, IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES HERETO ACKNOWLEDGES THAT THE PROVISIONS OF THIS PARAGRAPH ARE A MATERIAL INDUCEMENT TO THE ACCEPTANCE OF THIS SUBLEASE BY THE OTHER PARTIES HERETO. 21