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from and against any and all liabilities, damages, claims, costs or expensed whatsoever (including all <br /> reasonable attorneys' fees and costs whether suit be brought or any appeals be taken there from) <br /> arising from, growing out of or connecting in any way with the negligent use of the Easement by the <br /> Grantor. <br /> 11. Enforcement. The provisions of this Agreement may be enforced by all appropriate <br /> actions at law and in equity by the respective parties with the prevailing party in any such action <br /> entitled to its reasonable attorneys' fees and costs incurred at all trial and appellate levels. <br /> 12. 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 constructing <br /> this Agreement; the singular shall be held to include the plural, the plural shall be held to include the <br /> singular, and reference to any particular gender shall be held to include every other and all genders. <br /> 13. 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 after <br /> deposit in the United States Mail, by registered or certified mail, return receipt requested, postage pre- <br /> paid, and addressed to the applicable party to the address set for such party set forth at the top of this <br /> agreement (or to such other address as either party shall hereafter specify to the other in writing). <br /> 14. Severability. In the event any term or provision of this Agreement is determined by <br /> appropriate judicial authority to be illegal or otherwise invalid, such provision shall be given its nearest <br /> legal meaning or be construed as such authority determines, and the remainder of this Agreement shall <br /> be construed in full force and effect. <br /> 15. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit <br /> of the parties hereto and their respective successors and assigns. <br /> 16. Amendment. No modification or amendment shall be effective unless signed in writing <br /> by both parties and recorded in the Public Records of Miami-Dade County, Florida. <br /> 17. Entire Agreement. This Agreement constitutes the entire agreement among the parties <br /> with respect to the subject matter hereof and supercedes all prior agreements, understandings and <br /> arrangements, both oral and written, between the parties with respect thereto. <br /> IN WITNESS WHEREOF, Grantor and Grantee have executed this Easement Agreement as <br /> of the day and year first above written. <br /> (Signatures on next page) <br /> Plaza of the Americas Club Inc. Condo Assn Page 3 of 6 <br />