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<br />~~~ I 8398 rG 3769 <br /> <br />3. Binding Effect. This Agreement shall be binding upon Colonial and the City, and <br />tiJ.eir resp~ctive successors and assigns. <br /> <br />\ <br />} <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 />conditionshereo( then the prevailing party shan be entitled to recover reasonab,Ie ~ttom.eys'Jees <br />and court costs incurred at trial and all appellate levels. . . <br /> <br />s. <br /> <br />(a) <br /> <br />(b) <br /> <br />(c) <br /> <br />(d) <br /> <br />(e) <br /> <br />(f) <br /> <br />Miscenaneous. The parties further agree as follows: <br /> <br />The parties acknowled~e and aJtl"ee 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 h.ad the oppoItunitytocot\su1t <br />with, and has in fact consulted with, such professionals, experts and legal co\DI~t <br />of its choice as such party may have desired with respect to all matters.setded.and <br />resolved herein, (il) each party. has participated fully in the n.egotiation and <br />preparation .of this Agreement, and .(iii) each party. has carefully reviewed thi~ <br />.. Agreement and is entering mto same neely. Accordingly, this Agreement shan not' <br />be more strictly construed against either party. <br /> <br />Each.party represen. ts .an. .d. warran.t.s to the o.ther that the. e.x.. ecu...tion... .an. d d.. e.liv...'ery 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 />This Agreement shall be construed and governed in accordance with the laws of <br />the State of Florida. <br /> <br />In the event any term or provision of this Agreement be determined by appropriate <br />judicial authority to be illegal or otherwise invalid, such provimon shall be given its <br />nearest legal meaning or be conStmed as deleted as such authority determines, and <br />the remainder of this Agreement shall be constmed to be in full force and effect. <br /> <br />In construing this Agreement, the singular shan be held to include the plural, the <br />plural shaU 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 />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 hereof: and there are no <br />agreements, representations or wamnties except as specifically set . forth. herein. All prior <br />- ciiscussions, negotiations, and writings of any kind between Colonial and the City are fully merged <br />into this Agreement and are to be constnled to be of no further'Torce or effect, it being the ) <br /> <br />-2- <br />