Reso 2025-3823 - Laserfiche WebLink

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be exercised from time to time and as often as may be deemed expedient by any party in its sole discretion. No right, power or remedy conferred upon or reserved to the parties is exclusive of any other right, power or remedy, but each and every such right, power and remedy shall be cumulative and concurrent and shall be in addition to any other right, power and remedy given under this Lease or under any other instrument executed in connection herewith, or now or hereafter existing at law, in equity, or otherwise. No obligation of any party under this Lease shall be deemed waived by any course or pattern of conduct by any party. 30.9 Relationship. Nothing herein shall be deemed to create any partnership, joint venture, or principal -agent relationship between the parties, and neither party shall act toward third parties or the public in any manner which would indicate any such relationship other than Lessor -Lessee. 30.10 Governing Law. This Lease shall be governed by, and construed and enforced in accordance with, the internal laws of the State of Florida, excluding its choice of law principles. Venue for any dispute shall be in Miami -Dade County, Florida. 30.11 Mediation. Lessor and Lessee agree that if a dispute develops between them arising from or in connection with this Lease, they will submit to non-binding mediation to address any controversy or claim arising out of, or relating to this Lease. Prior to the beginning of the mediation process, Lessor and Lessee may agree that if there is one or more disputed items that remain unresolved at the end of the mediation, the parties will proceed with binding mediation where the mediator will render a final and binding decision on those unresolved items. If agreed to, the Settlement Agreement shall be binding upon the parties and shall be enforceable in any court of competent jurisdiction. Both parties shall share the cost of the dispute resolution process equally. 30.12 Facsimile Execution. Facsimile copies (i.e., telecopies) of counterparts of this Lease, executed by all of the parties hereto, shall be considered for all purposes, including delivery, as originals. 31. JfuEy Trial Waiver, TO THE FULLEST EXTENT NOT PROHIBITED BY APPLICABLE LAW WHICH CANNOT BE WAIVED, EACH OF THE PARTIES HERETO HEREBY KNOWINGLY, VOLUNTARILY, INTENTIONALLY AND IRREVOCABLY WAIVES ANY AND ALL RIGHT TO A TRIAL BY JURY IN ANY ACTION OR. PROCEEDING TO ENFORCE OR DEFEND ANY RIGHT, POWER, REMEDY OR DEFENSE ARISING OUT OF OR RELATED TO THIS LEASE, WHETHER SOUNDING IN TORT OR CONTRACT OR OTHERWISE, OR WITH RESPECT TO ANY COURSE OF CONDUCT, COURSE OF DEALING, STATEMENTS (WHETHER VERBAL OR WRITTEN) OR ACTIONS OF ANY PARTY RELATING TO THIS LEASE; AND BOTH PARTIES AGREE THAT ANY SUCH ACTION OR PROCEEDING SHALL BE TRIED BEFORE A JUDGE AND NOT BEFORE A JURY. EACH OF THE PARTIES HERETO FURTHER WAIVES ANY RIGHT TO SEEK TO CONSOLIDATE ANY SUCH LITIGATION IN WHICH A JURY TRIAL HAS BEEN WAIVED WITH ANY OTHER LITIGATION IN WHICH A JURY TRIAL, CANNOT OR HAS NOT BEEN WAIVED. FURTHER, EACH OF THE PARTIES HERETO HEREBY CERTIFIES THAT NO OTHER PARTY NOR ANY REPRESENTATIVES, AGENTS 548