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Grantee hereby agrees, and all parties by virtue of their of use of the Easement shall be <br /> deemed to have agreed, to jointly and severally indemnify, defend and.hold harmless <br /> Grantor (and all of its members, officers, directors, employee, successors and assigns) <br /> from and against any and all liabilities, damages, claims, costs or expenses whatsoever <br /> (including all reasonable attorneys' fees and costs whether or not suit be brought and d at <br /> any trial court level or any appeals taken therefrom) arising from, growing out of or <br /> connecting any with failure of Grantee to maintain the Easement Parcel or the <br /> Y wa Y <br /> exercise of Grantee's rights under this Agreement. Grantee shall, at all times, secure and <br /> keep in force, at Grantee's sole cost and expense, comprehensive liability insurance for <br /> bodily injury, personal injury or death and insurance for damage to any property, which <br /> policy(ies) name Grantor as an additional insured. <br /> 9. Enforcement. The provisions of this Agreement may be enforced by all <br /> appropriate actions at law and in equity against any party violating or attempting to <br /> violate any provision of this Agreement. The prevailing party in any such actions shall be <br /> entitled to recover reasonable attorney' fees or costs incurred at all trial and appellate <br /> levels. The laws of the State of Florida shall govern the interpretation,) validity, <br /> performance, and enforcements of this Agreement, and venue for any action brought <br /> under this Agreement shall be in Miami-Dade County, Florida. <br /> 10. Construction. The section headings contained in this Agreement are for <br /> reference purposes only and shall not affect the meaning or interpretation hereof The <br /> anyone of the parties <br /> terms of this Agreement shall not be more strictly construed against <br /> hereto as a result of the party who drafted same. In constructing this Agreement, the <br /> singular shall be held to include the plural, the plural shall be held to include the singular, <br /> and reference to any particular gender shall be held to include every other and all <br /> genders. <br /> 11. Notices. Any and all notices required or desired to be given hereunder <br /> shall be in writing and shall be deemed to be duly given when delivered by hand or three <br /> (3) business days after depositin the United States Mail, by registered or certified mail, <br /> return receipt requested, postage pre-paid and addressed to the applicable partyto the <br /> address for such partyset forth at the topof this Agreement (or to such other address as <br /> g <br /> either party shall hereafter specify to the other in writing). <br /> or provision of this Agreement is <br /> 12. Severability. In the event anyterm 0 <br /> vp g <br /> determined by appropriate judicial authority to be illegal or otherwise invalid and <br /> unenforceable, the remainder of this Agreement shall remain enforceable to the fullest <br /> extent permitted by law. <br /> upon Successors and Assigns. This Agreement shall be binding and inure <br /> to the benefit of the parties hereto and their respective successors and assigns. Grantor <br /> 'acknowledges that this Agreement is assignable by Grantee without the consent of <br /> Grantor; however, an assignment by Grantee shall not serve to release Grantee of its <br /> obligations under this Agreement including but not limited to the ind- -y� <br /> a <br /> *s <br /> or <br /> r <br /> insurance requirements pursuant to Section 8 of this Agreement. Gran , ' � r ,,. <br /> t,` <br /> r-hr <br /> �r}. ` <br /> -ier+,7 f �Q <br /> 3 ' GOO Y(E TRU;T <br /> QqoFCOW <br />