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damages, or future claims, demands, wages, attorneys' fees, liens, obligations, actions, <br />causes of action, rights, damages, costs, loss of services, expenses and compensation of <br />any nature whatsoever, whether known or unknown, and whether fixed or contingent, <br />which arise from the alleged acts or omissions of City or RomaCorp arising out of the <br />Lease. <br />5. The parties have mutually drafted this Settlement Agreement, and to the extent that there <br />are any ambiguities or uncertainties contained herein, they will not be construed for or <br />against either parry hereto as the drafter of the Settlement Agreement. <br />b. Each party represents and warrants that it has full right, legal capacity, and authority to <br />enter into this Settlement Agreement and carry out the obligations provided herein and that <br />the natural person or person executing this Settlement Agreement on its behalf have full <br />authority and capacity to execute this Settlement Agreement. <br />7. If any part of this Settlement Agreement is adjudicated invalid, unenforceable or illegal by <br />a court of competent jurisdiction, such adjudication shall not affect or impair, in whole or <br />in part, the validity, enforceability, or legality of any remaining portions of this Settlement <br />Agreement. All remaining portions remain in full force and effect as if the original <br />Settlement Agreement had been executed without the invalidated, unenforceable, or illegal <br />part. <br />8. This Settlement Agreement will be governed by the laws of the State of Florida without <br />regard to its conflict of laws principles. <br />9. Venue for any proceeding related to this Settlement Agreement will be exclusively in the <br />United States District Court, Southern District of Florida, or, in the absence of federal <br />subject matter jurisdiction, the Circuit Court of the Seventeenth Judicial Circuit in and for <br />Miami -Dade County, Florida. <br />10. All terms, covenants, and conditions of this Settlement Agreement are set forth herein and <br />there are no warranties, agreements, or understandings, expressed or implied, except as are <br />expressly set forth herein. This Settlement Agreement constitutes the entire agreement and <br />understanding between the Parties hereto and supersedes any prior agreement or <br />understanding relating to the subject matter of this Settlement Agreement. This Settlement <br />Agreement may only be modified or amended by a written instrument executed by the <br />Parties hereto. <br />2 <br />