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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 property adjacent to the Easement Parcel. <br /> 8. Enforcement and Attorney's Fees. The provisions of this Agreement may be <br /> enforced by all appropriate actions at law and in equity by the Grantor and/or the Grantee with <br /> the prevailing party in any such actions will reimbursement of reasonable attorneys' fees and <br /> costs incurred at all appellate levels. <br /> 9. 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 /> 10. 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 /> 11. 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 /> 12. Successors and Assigns. This Agreement shall be binding upon and inure to the <br /> benefit of the parties hereto and their respective successors and assigns. <br /> 13. Amendments: Termination. No modification or amendment shall be effective <br /> unless in writing and recorded in the Public Records of Miami-Dade County,Florida. <br /> 14. 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 /> Florida. This Agreement shall remain in full force and effect and be binding upon and inure to <br /> the benefit of the parties hereto and their respective heirs, successors, and assigns. This <br /> Agreement shall remain in full force and effect until such time as the project is complete. ' <br /> 15. Entire Agreement. This Agreement constitutes the entire agreement among the <br /> parties with respect to the subject matter hereof and supercedes all prior agreements, <br /> understandings and arrangements,both oral and written,between the parties with respect thereto. <br /> Page 3 of 4 <br />