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<br />~ <br /> <br />of any lawful right or claim it may have to seek apportionment of the condemnation proceeds in <br /> <br />that certain eminent domain proceeding styled, City o/Sunny Isles Beach v. Leroy Wiener, et al., <br /> <br />Case No.: 09-55633 CA 21. The provisions of this paragraph shall inure to the benefit of the <br /> <br />parties, their employees, officers, directors, attorneys, shareholders, parents, affiliates, subsidiaries, <br /> <br />successors, and any other related persons and/or entities. The parties hereto represent and <br /> <br />warrant that they have not assigned any of the claims that are released pursuant to this paragraph. <br /> <br />11. The parties hereto agree that each shall be responsible for their own attorneys' fees <br /> <br />and costs incurred in connection with the Lawsuit and this Settlement Agreement. <br /> <br />12. In the event of any litigation to enforce the terms or conditions of this Settlement <br /> <br />Agreement, the prevailing party shall be entitled to recover its reasonable attorneys' fees and <br /> <br />costs, including appellate fees, in addition to any other relief to which such party may be entitled. <br /> <br />13. This Settlement Agreement shall not be filed in any action or proceeding, including <br /> <br />mediation and arbitration, with any court, individual or agency unless necessary to enforce its <br /> <br />terms and it ~hall otherwise remain forever confidential, to the extent permitted by law. <br /> <br />14. Each person whose signature is affixed hereto in a representative capacity represents <br /> <br />and warrants that she/he is authorized and empowered to execute this Settlement Agreement on <br /> <br />behalf of, and to bind, the person or entity on whose behalf his or her signature is affixed. <br /> <br />15. This Settlement Agreement may be executed in any number of counterparts, each <br /> <br />of which when so executed and delivered shall be deemed an original, and all of which, when <br /> <br />taken together, shall constitute but one and the same instrument. It is further expressly agreed <br /> <br />that facsimile and portable document format ("pdf") signatures shall be considered originals for <br /> <br />Page 4 of9 <br /> <br />~ .T.{iij) <br />