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<br />Petitioner.
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<br />LKD, Inc., hereby covenant and agree that it will at all times indemnify and hold safe
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<br />and harmless the Building, Petitioner, Petitioner's agents and employees from any loss, liability,
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<br />claims, suits, costs, expenses, including without limitation, attorney's fees and damages, both real and
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<br />alleged, arising out of any such damage or injury but only to the extent caused by the negligence or
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<br />misconduct of LKD, Inc., its agents, employees or invitees; except injury to persons or damage to
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<br />property to the extent of the negligence or intentional acts of Petitioner, its agents, employees or
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<br />contractors. Petitioner will indemnify and hold harmless LKD, Inc., its agents and employees from
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<br />any loss, liability, claims, costs, suits, expenses, including reasonable attorneys' fees, arising out of the
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<br />negligence or misconduct of Petitioner, its employees agents, contractors or employees; and it is,
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<br />9. Defendant, LKD, Inc., understands and agrees that Petitioner consent to the
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<br />extended possession of the Lease Premises shall be construed, interpreted and operate as complete
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<br />and final settlement of any and all LKD, Inc.'s, claims that it might have against Petitioner in the
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<br />instant case, and shall not hereafter seek or claim right or entitlement to any additional
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<br />consideration, or monies, of any nature whatsoever, from Petitioner in the instant case, excepting
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<br />Gold Club's reasonable attorneys fees and costswhich may be incurred after the date of this
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<br />executed Partial Stipulated Order of Taking for apportionment or in supplemental proceedings,
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<br />pursuant to applicable Florida law. Petitioner neither waives nor forfeits its right to contest or
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<br />dispute the reasonable amount of any such claims.
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<br />10. Petitioner and LKD, Inc., Club agree that, by entering into this Partial Stipulated
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<br />Order of Talcing, LKD, Inc. neither waives nor forfeits any lawful right or claim it may have to seek
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<br />apportionment of the condemnation proceeds in the instant case.
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<br />ORDERED AND ADJUDGED:
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<br />8 of 13
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<br />FLDOCS 5503460 2
<br />1/23/1012:36 PM
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