Reso 2003-582 - Laserfiche WebLink

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~~t 18398 PG 3775 and the right to construct and maintain any signs within the Easement Parcel as may be permitted by applicable law; and (c) the exclusive right to design, build, furnish and maintain any and all improvements (including but not limited to landscaping and lighting) located within the Easement Parcel. 7. Indemnification. Subject to the provisions of Section 768,28, Florida Statutes, Grantee hereby agrees, and all parties by virtue of their. use of the Easements shall be deemed to have agreed.. to jointly and severally indemnify.. defend and hold harmless the Grantor (and all of its membe~, offICers, directors, employees, successors and assigns) from and against any and all liabilities.dalJ1ages, claims, costs or 8>q)8Rs8S~Qe\'er (indudiAg aD reasGflablealtemeys' fee! and costs whether suit ~e brought or any appeals be.taken therefrom) arising from,..groNing out of or connecti~g In lIny way with any Improper use ofU1eEasement and the Easement Parcel. The grantor hereby agrees. andall parties by virtue of their use of the Easements shall be deemed to have agreed, to joil}tly and severally indemnify. d.efend and hold harmless the Grantee (and all of its members,offlC8~, directors. employees, sua:essors and assigns) from and against any and an liabilities~ damages, claims, costs or expenses whatsoever (including. all reasonable attorneys' fees and costs whether suit be brought or any appeals betaken therefrom) arising from,growing out of or connecting in any way with failure of the Grantor to. maintain the Easement and the Easement Parcel as provided in Section 3. 8, Enforcement. The provisions of this Agreement may be enforced by all appropriate actions at law and inequity by the Grantor and/or the respective fee owners from time to time of the Project. with the prevailing party in any such action entitled to reimbursement of reasonabl.e attorneys' fees and costs incurred at trial and all appellate levels. 9. Construction. The section headings contained in this Agreement are for reference purposes only and shall not affect. the meaning or Interpretation hereof. All of the parties.to this Agreement have participated fully In the negotiation of this Agreement. and accordingly. this Agreement shall not be more strictly construed against anyone of the parties hereto. In construing this Agreement. the singular shall. be held to Include the plural. the plural shall be held to include the singular, and reference to any particular gende.r shall be held to ... include every other and all genders. 10. Notices. Any and all notices required or desired to be given hereunder shall be in writing and shall be deemed to have been duly given when delivered by hand or three (3) business days after deposit in the United States mail, by registered or certified mall. return receipt requested. postage prepaid, and addressed to the applicable party to the address set -4- ~\ j '. .. ) f