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9. Reservation. Grantor hereby reserves all rights of ownership in and to the
<br /> Easement Parcel which are not inconsistent with the Easement, including without limitation: (a)
<br /> the right to grant further non-exclusive easements on, over, or across the Easement Parcel, and
<br /> (b) the right to use the Easement Parcel for all uses not interfering or inconsi'stent with the uses
<br /> permitted herein.
<br /> 10. Indemnification andSubjectto provisions Insurance. the of Section 768.28,
<br /> Florida Statutes, Grantee hereby agrees, and all parties by of their use of the Easement
<br /> Parcel shall be deemed to have agreed, to jointly and severally indemnify, defend and hold
<br /> harmless Grantor (and all of its members, officers, directors, employees, successors and assigns)
<br /> from and against any and all damages, claims, costs or expenses whatsoever (including all
<br /> reasonable attorneys' fees and costs whether or not suit be brought and at any trial court level or
<br /> appeals taken therefrom) arising from, growing out of or connecting in any way with any use of
<br /> the Easement and the Easement Parcel. Grantee hereby agrees, and all parties by virtue of their
<br /> of use of the Easement shall be deemed to have agreed, to jointly and severally indemnify,
<br /> defend and hold harmless Grantor (and all of its members, officers, directors, employees,
<br /> successors and assigns) from and against any and all liabilities, damages, claims, costs or
<br /> expenses whatsoever (including all reasonable attorneys' fees and costs whether or not suit be
<br /> broughtany or at trial court level or any appeals taken therefrom) arising from, growing
<br /> out of or
<br /> connecting in any way with failure of Grantor to maintain or insure the Easement Parcel or the
<br /> Grantee'srights under this Agreement. Grantee shall, at all times, secure and keep in
<br /> exercise of
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<br /> force, at Grantee's sole cost and expense, comprehensive liabilitY insurance for bodily injury,,
<br /> personal injury or death and insurance for damage to any property, which policy(ies) name
<br /> Grantor as an additional insured.
<br /> 11. Enforcement. The provisions of this Agreement may. be enforced by all
<br /> appropriate actions at law and in equity by Grantor and/or the respective fee owners, with the
<br /> prevailing party in any such actions will reimbursement of reasonable attorneys' fees and costs
<br /> theState of Florida shall govern the interpretation,
<br /> at all appellate levels. The laws of Yp ,
<br /> incurred pp
<br /> validity, performance,lidit and enforcements of this Agreement, and venue for any action brought
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<br /> under this Agreement shall be in Miami-Dade County, Florida.
<br /> 12. Construction. The section headings contained in this Agreement are for reference
<br /> purposes only and shall not affect the meaning or interpretation hereof. The terms of this
<br /> Agreement shall not be more strictly construed against any one of the parties hereto as a result of
<br /> theart who drafted same. In constructing this Agreement, the singular shall be held to include
<br /> p Y
<br /> the plural, the plural shall be held to include the singular, and reference to any particular gender
<br /> shall be held to include every other and all genders.
<br /> tobe given hereunder shall be in
<br /> . Anyand all notices required or desired
<br /> 13. Notices q
<br /> duly given when delivered byhand or three (3) business days
<br /> writing and shall be deemed to bed y Y
<br /> after deposit in the United States Mail, by registered or certified mail, return receipt requested,
<br /> postage pre-paid, and addressed to the applicable party to the address for such party set forth at
<br /> the top Agreement this A reement (or to such other address as either party shall herea - __.-- ify to the
<br /> U
<br /> in writing). MY
<br /> other CLERK
<br /> if .
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