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(a) City and Navarro have the full power and authority to enter into this Agreement, without <br />the need to obtain any consent or approval of any third party; <br />(b) at the time of transfer, the Required TDRs conveyed and transferred to Assignee pursuant <br />hereto will be free and clear of any liens or encumbrances, including but not limited to any special <br />conditions, restrictions or obligations of the City or Navarro as may otherwise be applicable to such parties <br />by Resolution No. 2018-2840, and no other party shall otherwise have an interest in the same but for <br />Assignee upon such transfer; <br />(c) to the best of the City's knowledge and belief, this Assignment does not violate any rule, <br />law, ordinance, order, agreement or judgment applicable to City, Navarro, the Navarro TDRs, Navarro <br />TDR Bank or the CSIB TDR Bank. <br />13. Miscellaneous. This Assignment is governed by the laws of the State of Florida. This <br />Assignment may be executed in any number of counterparts (whether facsimile or original), each of which <br />shall be deemed to be an original instrument, but all such counterparts together shall constitute one and the <br />same instrument. This Assignment may not be amended other than in connection with a written agreement <br />executed by all Parties. This Assignment shall be binding upon and inure to the benefit of City, Assignee <br />and Navarro and their respective successors and assigns. <br />14. WAIVER OF TRIAL BY JURY. EACH PARTY HEREBY WAIVES, 1-0 THE FULLEST <br />EXTENT PERMITTED BY LAW, THE RIGHT TO TRIAL BY JURY IN ANY ACTION, <br />PROCEEDING OR COUNTERCLAIM, WHETHER IN CONTRACT, TORT OR OTHERWISE, <br />RELATING DIRECTLY OR INDIRECTLY TO THIS ASSIGNMENT OR ANY ACTS OR OMISSIONS <br />OF EITHER PARTY OR ANY OF ITS RESPECTIVE OFFICERS, EMPLOYEES, DIRECTORS OR <br />AGENTS IN CONNECTION HEREWITH. <br />IN WITNESS WHEREOF, the undersigned parties havccauscd this Assignment to be executed as of <br />the date first written above. <br />WITNESSES: CITY: <br />Print Name: <br />Print Name: <br />5818.1591:3 <br />TIIE CITY YOFSUNN ISLES BEACH, <br />a Florida 1W44 rpor, ion <br />By: <br />Name: <br />Title: <br />