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SELLER: Winston Towers Condominium 600 <br /> Association, Inc. <br /> C/O Condo Office Manager <br /> 210 — 174th Street <br /> Sunny Isles Beach, Florida 33160 <br /> With copy to: <br /> Eric P. Stein, Esq. <br /> Eric P. Stein P.A. <br /> 1820 N.E. 163rd Street, Suite 100 <br /> North Miami Beach, Florida 33162 <br /> Email: closings@epslaw.com <br /> PURCHASER: The City of Sunny Isles Beach <br /> 18070 Collins Avenue <br /> Sunny Isles Beach, Florida <br /> 33160 c/o Christopher Russo, <br /> City Manager crusso@sibfl.net <br /> With copy to: <br /> Harold Rifas, Esq. <br /> 7900 Red Road, Suite 10 <br /> South Miami, Florida 33143 <br /> haroldrifas@att.net <br /> 12. Indemnification. Purchaser hereby agrees to indemnify, defend and hold harmless <br /> Seller (and all of its unit owners, occupants, members, managers, officers, directors, employees, <br /> representatives, successors and assigns) from and against any and all damages, claims, costs or <br /> expenses whatsoever (including all reasonable attorneys' fees and costs whether suit be brought <br /> or any appeals be taken there from) arising from, growing out of or connecting in any way with <br /> the use of the Easement. Purchaser hereby agrees, and all parties by virtue of their of use of the <br /> Easement, shall be deemed to have agreed, to jointly and severally indemnify, defend and hold <br /> harmless Seller (and all of its members, officers, directors, employees, successors and assigns) <br /> from and against any and all liabilities, damages, claims, costs or expensed whatsoever(including <br /> all reasonable attorneys' fees and costs whether suit be brought or any appeals be taken there from) <br /> arising from, growing out of or connecting in any way with the use and maintenance of the <br /> Easement and the Property. This paragraph shall survive Closing. <br /> Purchaser agrees to secure and keepin force from <br /> 13. Insurance. As to the Property, <br /> g <br /> and after the date of Closing, at Purchaser's own cost and expense comprehensive general liability <br /> insurance on an occurrence basis for bodily injury, personal injury or death to anyone and <br /> insurance coverage for damage to property. All insurance policies to be procured by Purchaser <br /> shall name Seller as an additional insured. All policies of insurance mentioned in this paragraph <br /> shall contain the following endorsements: (i)that such insurance may not be cancelled or amended <br /> with respect to Seller except upon thirty(30)days'prior written notice from the insurance company <br /> to Seller, sent by certified or registered mail; (ii) that Purchaser shall be solely responsible for the <br /> payment of all premiums under such policy(ies) and that Seller shall have no obligation for the <br /> payment thereof; (iii) an express waiver of any right of subrogation by the insurance company <br /> Page 5 of 8 <br />