Reso 2018-2890 - Laserfiche WebLink

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and costs. whether suit be brought or any appeals be taken there from) arising from, growing out of or connecting in any way with failure of the Grantor to maintain the Easement Parcel. 9. Enforcement. The provisions of this Agreement may be enforced by all appropriate actions at law and in equity against any party violating or attempting tc violate any provision of the Agreement. The prevailing party in any such actions shall be entitled to recover reasonable attorney' fees or costs incurred at all trial and appellate levels. 10. Construction. The section headings contained in this agreement are for reference purposed only and shall not affect the meaning or interpretation hereof. All of the parties to this Agreement shall not be more strictly construed against any one of the parties hereto. In constructing 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 gender shall be held to include every other and all genders. 11. Notices. Any and all notices required or desired to be given hereunder shall be in writing and shall be deemed to be duly given when delivered by hand or three (3) business days after deposit in the United States Mail, by registered or certified mail, return receipt requested, postage pre-paid, and addressed to the applicable party to the address set for such party set forth at the top of this agreement (or to such other address as either party shall hereafter specify to the other in writing). 12. Severability. In the event any term or provision of this Agreement is determined by appropriate judicial authority to be illegal or otherwise invalid, such provision shall be given its nearest legal meaning or be construed as such authority determines, and the remainder of this Agreement shall be construed in full force and effect. 13. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. Grantor acknowledges that this Agreement is assignable by Grantee without the consent of the Grantor. Grantee may assign its easement rights to third parties including but not limited to Florida Power & Light Company and AT&T. Nothing contained in this Section, however, shall in any way be construed as releasing Grantee's successors and assigns from any obligations to Grantor created by this Agreement or to in any way limit Grantors remedies at law as against such successors and assigns. If necessary, Grantor shall execute any easement agreement from the utility companies based on the rights granted herein. 14. Amendments: Termination. No modification or amendment shall be effective unless in writing and recorded in the Public Records of Miami-Dade County, Florida;provided, however, to the extent that any portion. 15. Entire Agreement. This Agreement constitutes the entire agreement among the parties with respect to the subject matter hereof and supercedes all prior 3