Attachment C 600 WT Easements - Laserfiche WebLink

Home Browse Search

9. Reservation. Grantor hereby reserves all rights of ownership in and to the Easement Parcel which are not inconsistent with the Easement, including without limitation: (a) the right to grant further non-exclusive easements on, over, or across the Easement Parcel, and (b) the right to use the Easement Parcel for all uses not interfering or inconsistent with the uses permitted herein. 10. Indemnification and Insurance. Subject to the provisions of Section 768.28, Florida Statutes, Grantee hereby agrees, and all parties by virtue of their use of the Easement Parcel shall be deemed to have agreed, to jointly and severally indemnify, defend and hold harmless Grantor (and all of its members, officers, directors, employees, successors and assigns) from and against any and all damages, claims, costs or expenses whatsoever (including all reasonable attorneys' fees and costs whether or not suit be brought and at any trial court level or appeals taken therefrom) arising from, growing out of or connecting in any way with any use of the Easement and the Easement Parcel. Grantee hereby agrees, and all parties by virtue of their of use of the Easement shall be deemed to have agreed, to jointly and severally indemnify, defend and hold harmless Grantor (and all of its members, officers, directors, employees, successors and assigns) from and against any and all liabilities, damages, claims, costs or expenses whatsoever (including all reasonable attorneys' fees and costs whether or not suit be brought or at any trial court level or any appeals taken therefrom) arising from, growing out of or connecting in any way with failure of Grantor to maintain or insure the Easement Parcel or the exercise of Grantee's rights under this Agreement. Grantee shall, at all times, secure and keep in force, at Grantee's sole cost and expense, comprehensive liability insurance for bodily injury, personal injury or death and insurance for damage to any property, which policy(ies) name Grantor as an additional insured. 11. Enforcement. The provisions of this Agreement may be enforced by all appropriate actions at law and in equity by Grantor and/or the respective fee owners, with the prevailing party in any such actions will reimbursement of reasonable attorneys' fees and costs incurred at all appellate levels. The laws of the State of Florida shall govern the interpretation, validity, performance, and enforcements of this Agreement, and venue for any action brought under this Agreement shall be in Miami -Dade County, Florida. 12. Construction. The section headings contained in this Agreement are for reference purposes only and shall not affect the meaning or interpretation hereof. The terms of this Agreement shall not be more strictly construed against any one of the parties hereto as a result of the party who drafted same. In constructing this Agreement, the singular shall be held to include the plural, the plural shall be held to include the singular, and reference to any particular gender shall be held to include every other and all genders. 13. Notices. Any and all notices required or desired to be given hereunder shall be in writing and shall be deemed to be duly given when delivered by hand or three (3) business days after deposit in the United States Mail, by registered or certified mail, return receipt requested, postage pre -paid, and addressed to the applicable party to the address for such party set forth at the top of this Agreement (or to such other address as either party shall hereafter specify to the other in writing). Page 3 of 7