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<br />of such rights. City agrees that it shall have no right of contribution (including, without <br />limitation, any right of contribution under CERCLA) or subrogation against Owner <br />hereunder or against any property or collateral, and Owner hereby waives any and all <br />rights of contribution (including, without limitation, any right of contribution pursuant to <br />CERCLA) or subrogation which it may now or hereafter have against City, and only the <br />City, hereunder and against any property or collateral. Owner further agrees that, to the <br />extent that the waiver of its rights of subrogation and contribution as set forth herein is <br />found by a court of competent jurisdiction to be void or voidable for any reason, any <br />rights of subrogation or contribution Owner may have shall be junior and subordinate to <br />the rights of City. However, nothing contained in this Agreement shall waive any rights <br />of Owner, or responsibility of City, for any Hazardous Substance Activity that takes <br />place after the date of the Transfer and caused directly or indirectly by City and this <br />Agreement shall not indemnity City for any such post Transfer Hazardous Substance <br />Activity by City, the public or the City's agents, employees or assigns. <br /> <br />8. Attorneys' and Consultants' Fees. <br /> <br />Owner agrees to pay City all reasonable Attorneys' and Consultants' Fees and <br />Costs incurred by City in connection with this Indemnity or the enforcement hereof. As <br />used in this Indemnity, the term Attorneys' and Consultants' Fees and Costs shall mean <br />the reasonable fees and expenses of counsel to the applicable party or any <br />environmental consultants employed by counselor the City, which may include, without <br />limitation, printing, photostatting, duplicating and other expenses, air freight charges, <br />and fees billed for law clerks, paralegals, librarians, engineers, surveyor's or <br />environmental professionals and others performing services under the supervision of an <br />attorney or the consultant. The terms shall also include, without limitation, all such <br />reasonable fees and expenses incurred with respect to appeals, arbitrations, bankruptcy <br />proceedings and any post-judgment proceedings to collect any judgment, and whether <br />or not any action or proceeding is brought with respect to the matter for which such fees <br />and expenses were incurred if the City is the prevailing party in any such actions. The <br />provisions allowing for the recovery of post-judgment fees, costs and expenses are <br />separate and several and shall survive the merger of this Indemnity into any judgment. <br /> <br />9. Successors and Assions; Joint and Several Liability. <br /> <br />This Indemnity shall be binding upon Owner, their heirs, representatives, <br />administrators, executors, and successors and shall inure to the benefit of and shall be <br />enforceable by City, its successors. The liability of Owner under this Indemnity shall be <br />joint and several. <br /> <br />10. Governino Law. <br /> <br />This Indemnity shall be governed by, and construed and enforced in accordance <br />with, the laws of the State of Florida. <br /> <br />11. Severability. <br /> <br />28520513.1 030902 0050P 95173993 <br /> <br />6 <br />