Reso 2010-1658 - Laserfiche WebLink

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Developer: 4M Investors, LLC 3211 Ponce De Leon Blvd., Suite 301 Coral Gables, FL 33134 with a copy to: Weiss, Serota, Helfman, Pastoriza, Cole, et al. Attn: Clifford Schulman, Esq. 3211 Ponce de Leon Boulevard Coral Gables, Florida 33134 Fax No. (305) 854-2323 10.10 Time. Time is of the essence in the performance by any party of its obligations hereunder. 10.11 Entire Agreement. This Agreement constitutes the entire understanding and agreement between the parties and supersedes all prior negotiations and agreements between them with respect to all or any of the matters contained herein. 10.12 Amendment. This Agreement may be amended by the parties hereto only upon the execution of a written amendment or modification signed by the parties. 10.13 Waivers. All waivers, amendments or modifications of this Agreement must be in writing and signed by all parties hereto. Any failures or delays by either party in asserting any of its rights and remedies as to any default shall not constitute a waiver of any other default or of any such rights or remedies. Except with respect to rights and remedies expressly declared to be exclusive m this Agreement, the rights and remedies of the parties hereto are cumulative, and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, or any other rights or remedies for the same default or other default by the other party. 10.14 Indemnification. In consideration of the City granting certain development incentives pursuant to this Development Agreement to the Developer in connection with the development of the Project, the Developer shall pay, indemnify and save harmless the City, its agents, elected and appointed officers, attorneys and employees from all suits, actions, claims, demands, damages of every kind and description to which the City, or their agents, officers, attorneys or employees may be held liable by the court of competent jurisdiction by reason of injury to persons or death or property damage, resulting from or growing out of any negligence or fault of the Developer, its agents or employees, or its contractors or subcontractors occurring in connection with any building, construction, installation or development work, service or operation being undertaken or performed by or for the Developer, in, on or over the Project Site with respect to the construction of the Project. 10.14 (a). Provided, however, that the indemnification provided in and contemplated by this section shall not be applicable to the extent that a decision or judgment of a court of 11