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a. The City's legal representatives will take all necessary steps to seek and <br />recommend approval of this Agreement by the City Commission, and if approved by the City <br />Commission, the City will take all necessary steps to effectuate the terms and conditions of this <br />Agreement. <br />b. To the best of the City's knowledge, no facts or circumstances exist that <br />could cause the City Commission to not approve this Agreement or prevent the City from being <br />able to timely effectuate the terms and conditions of this Agreement and the transactions <br />contemplated hereunder. <br />9. Miscellaneous. <br />a. Entire Agreement. This Agreement contains, and is intended as, a <br />complete statement of all of the terms of the settlement agreement between the parties with respect <br />to the Lawsuit and supersedes any previous agreements and understanding between the parties <br />with respect to those matters and cannot be changed or terminated orally. <br />b. Governing Law. This Agreement shall be governed by and construed in <br />accordance with the laws of the State of Florida. <br />C. Headings. The section headings of this Agreement are for reference <br />purposes only and are to be given no effect in the construction or interpretation of this Agreement. <br />d. Severability. if any non - material provision of this Agreement is determined <br />by a court of competent jurisdiction to be invalid or unenforceable, such determination of invalidity <br />or unenforceability shall not by itself render the balance of this Agreement invalid or <br />unenforceable. <br />e. Binding Effect Assignment. This Agreement shall be binding upon and <br />inure to the benefit of the parties and their respective heirs, personal representatives, successors <br />and assigns. <br />f. Counterparts. This Agreement may be executed in any number of <br />counterparts, each of which shall be deemed an original, but all of which together shall constitute <br />one and the same instrument. <br />g. Attornevs' Fees. In any action or proceeding to enforce this Agreement or <br />arising out of or in connection with this Agreement, the prevailing party shall be entitled to <br />attorneys' fees and costs at all levels. <br />h. Construction. No provision of this Agreement shall be construed against <br />any party hereto because such party drafted or caused to be drafted such provision. Each provision <br />of this Agreement shall be construed as if such provision had been proposed and drafted or caused <br />to be drafted by all of the parties hereto. <br />Cc� <br />