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to use the Easement Parcel for all uses not interfering or inconsistent with the uses permitted <br /> herein. <br /> 9. Indemnification. Subject to the provisions of Section 768.28, Florida Statutes, <br /> Grantee hereby agrees, and all parties by virtue of their use of the Easement shall be deemed to <br /> have agreed, to jointly and severally indemnify, defend and hold harmless the Grantor (and all of <br /> its members, officers, directors, employees, successors and assigns) from and against any and all <br /> damages, claims, costs or expensed whatsoever (including all reasonable attorneys' fees and <br /> costs whether suit be brought or any appeals be taken there from) arising from, growing out of or <br /> connecting in any way with any improper use of the Easement. The Grantor hereby agrees, and <br /> all parties by virtue of their of use of the Easement shall be deemed to have agreed, to jointly and <br /> severally indemnify, defend and hold harmless the Grantee (and all of its members, officers, <br /> directors, employee, successors and assigns) from and against any and all liabilities, damages, <br /> claims, costs or expensed whatsoever (including all reasonable attorneys' fees and costs whether <br /> suit be brought or any appeals be taken there from) arising from, growing out of or connecting in <br /> any way with failure of the Grantor to maintain the Easement Parcel. <br /> 10. Enforcement. The provisions of this Agreement may be enforced by all <br /> appropriate actions at law and in equity by the Grantor and/or the respective fee owners, with the <br /> prevailing party in any such actions will reimbursement of reasonable attorneys' fees and costs <br /> incurred at all appellate levels. <br /> 11. Construction. The section headings contained in this Agreement are for reference <br /> purposed only and shall not affect the meaning or interpretation hereof. All of the parties to this <br /> Agreement shall not be more strictly construed against any one of the parties hereto. In <br /> constructing this Agreement, the singular shall be held to include the plural, the plural shall be <br /> held to include the singular, and reference to any particular gender shall be held to include every <br /> other and all genders. <br /> 12. Notices. Any and all notices required or desired to be given hereunder shall be in <br /> writing and shall be deemed to be duly given when delivered by hand or three (3) business days <br /> after deposit in the United States Mail, by registered or certified mail, return receipt requested, <br /> postage pre-paid, and addressed to the applicable party to the address set for such party set forth <br /> at the top of this agreement (or to such other address as either party shall hereafter specify to the <br /> other in writing). <br /> 13. Severability. In the event any term or provision of this Agreement is determined <br /> by appropriate judicial authority to be illegal or otherwise invalid, such provision shall be given <br /> its nearest legal meaning or be construed as such authority determines, and the remainder of this <br /> Agreement shall be construed in full force and effect. <br /> 14. Amendments. No modification or amendment shall be effective unless in writing <br /> and recorded in the Public Records of Miami-Dade County, Florida. <br /> 15. Covenant running with the land. This Agreement shall constitute a covenant <br /> running with the land and will be recorded in the Public Records of Miami Dade County, <br /> Page 3 of 6 <br />