Resolution Zoning 03-Z-74 - Laserfiche WebLink

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permitted by applicable law, as long as public access to the beach through the Easement Parcels is reasonably maintained during the hours of operation noted hereinabove; and the right to construct and maintain any signs within the Easement Parcels as may be permitted by applicable law; and (c) the exclusive right to design, build, furnish and maintain any and all improvements (including but not limited to landscaping and lighting) located within the Easement Parcels. 7. Indemnification. Subject to the provisions of Section 768.28, Florida Statutes, Grantee hereby agrees, and all parties by virtue of their use of the Easements shall be deemed to have agreed, to jointly and severally indemnify, defend and hold harmless the Grantor (and all of its members, officers, directors, employees, successors and assigns) from and against any and all liabilities, damages, claims, costs or expenses whatsoever (including all reasonable attorneys' fees and costs whether suit be brought or any appeals be taken therefrom) arising -..---"--.--- from, growing out of or connecting in any way with any improper use of the Easements and the Easement Parcels. The grantor hereby agrees, and all parties by virtue of their use of the Easements shall be deemed to have agreed, to jointly and severally indemnify, defend and hold harmless the Grantee (and all of its members, officers, directors, employees, successors and assigns) from and against any and all liabilities, damages, claims, costs or expenses whatsoever (including all reasonable attorneys' fees and costs whether suit be brought or any appeals be taken therefrom) arising from, growing out of or connecting in any way with failure of the Grantor to maintain the Easement and the Easement Parcels as provided in Section 3. 8. Enforcement. The provisions of this Agreement may be enforced by all appropriate actions at law and in equity by the Grantor and/or the respective fee owners from time to time of the Project, with the prevailing party in any such action entitled to reimbursement of reasonable attorneys' fees and costs incurred at trial and all appellate levels. 9. Construction. The section headings contained in this Agreement are for reference purposes only and shall not affect the meaning or interpretation hereof. All of the parties to this Agreement have participated fully in the negotiation of this Agreement, and accordingly, this Agreement shall not be more strictly construed against anyone of the parties hereto. In construing 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. 10. Notices. Any and all notices required or desired to be given hereunder shall be in writing and shall be deemed to have been duly given when delivered pY:'ha~do~ree (3) business days after deposK in the UnKed States mall, by registered i ~i~jjil\~tum -4-