Laserfiche WebLink
Document management portal powered by Laserfiche WebLink 9 © 1998-2015 Laserfiche. All rights reserved.
<br />.. <br /> <br />~tt '8398 l'G 3769 <br /> <br />3. Binding Effect. This Agreement shall be binding upon Colonial and the City, and <br />their respective successors and assigns. <br /> <br />4. Attorneys' Fees. If any legal action, proceeding, arbitration or hearing is brought <br />by either party to this Agreement to resolve a dispute hereunder or to enforce the terms and <br />conditions hereot: then the prevailing party shall be entitled to recover reasonable attorneys' fees <br />and court costs incurred at trial and all appellate levels. <br /> <br />5. Miscellaneous. The parties further agree as follows: <br /> <br />(a) The parties acknowledge and agree that this Agreement is fully and adequately <br />supported by consideration and is fair and reasonable. The parties further <br />acknowledge and agree that: (i) each party has had the opportunity to consult <br />with, and has in fact consulted with, such professionals, experts and legal counsel <br />of its choice as such party may have desired with respect to all matters settled and <br />resolved herein, (ii) each party has participated fully in the negotiation and <br />preparation of this Agreement, and (ill) each party has carefully reviewed this <br />Agreement and is entering into same freely. Accordingly, this Agreement shall not <br />be more strictly construed against either party. <br /> <br />(b) Each party represents and warrants to the other that the execution and delivery of <br />this Agreement has been duly approved by all requisite corporate and/or <br />partnership action (as applicable) required to be taken by such party. <br /> <br />( c) This Agreement shall be construed and governed in accordance with the laws of <br />the State of Florida. <br /> <br />(d) In the event any term or provision of this Agreement be determined by appropriate <br />judicial authority to be illegal or otherwise invalid, such provision shall be given its <br />nearest legal meaning or be construed as deleted as such authority determines, and <br />the remainder of this Agreement shall be construed to be in full force and effect. <br /> <br />( e) In construing this Agreement, the singular shall be held to include the plural, the <br />plural shall be held to include the singular, the use of any gender shall be held to <br />include every other and all genders, and captions and paragraph headings shall be <br />disregarded. <br /> <br />(t) All of the exhibits attached to this Agreement are incorporated in, and made a part <br />ot: this Agreement. <br /> <br />6. Entire Agreement. This Agreement constitutes the full and entire agreement and <br />understanding between the parties with respect to the subject matter hereot: and there are no <br />agreements, representations or warranties except as specifically set forth herein. All prior <br />discussions, negotiations, and writings of any kind between Colonial and the City are fully merged <br />into this Agreement and are to be construed to be of no further force or effect, it being the <br /> <br />-2- <br />