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<br />action brought pursuant to this indemnity provision, even if the indemnity action sounds in contract rather <br /> <br />than tort. <br /> <br />12. Binding Effect: This Agreement will be binding upon the successors, assigns, personal <br />representatives and heirs of the parties hereto. <br /> <br />13. Entire Agreement: This Agreement is the entire agreement between the parties with <br /> <br /> <br />respect to the subject matter hereof and no alteration, modification, or interpretation hereof shall be binding <br /> <br /> <br />unless in writing and signed by both parties. The response to the Request For Proposals is incorporated into <br /> <br /> <br />this agreement, except as to any conflicts where the agreement shall control in conflicts between the RFP <br /> <br /> <br />response and the agreement. <br /> <br />14. Severability: If any provision of this Agreement or application to any party or <br /> <br /> <br />circumstances shall be determined by any court of competent jurisdiction to be invalid and unenforceable to <br /> <br /> <br />any extent, the remainder of this Agreement or the application of such provision to such person or <br /> <br /> <br />circumstance, other than those as to which it is so determined invalid or unenforceable, shall not be affected <br /> <br /> <br />thereby and each provision hereof shall be valid and shall be enforced to the fullest extent permitted by law. <br /> <br />15. Applicable Law: This Agreement shall be construed and enforced in accordance with the <br /> <br /> <br />laws of the State of Florida. NAI Realvest understands that all information generated as part of this project is <br /> <br /> <br />subject to public records law, as per Fla. Stat., Ch. 119. NAI Realvest agrees to abide by all laws, and to <br /> <br /> <br />accurately represent the premises and not make any statements, regarding the premises that may give rise to <br /> <br /> <br />any claim against the Owner, and to indemnity the Owner should any claim be made. <br /> <br />16. Agent: The term "Agent" as used in this Agreement shall include any corporate <br /> <br /> <br />subsidiaries or affiliates of Agent who perform services in, on or about the Property in connection with this <br /> <br /> <br />Agreement. <br /> <br /> <br />17. Counterparts: This Agreement may be executed in any number of counterparts, each of <br /> <br /> <br />which shall be deemed to be an original and all of which together shall comprise but a single instrument. <br /> <br />18. Authority: The person executing this document on behalf of Owner represents that Owner <br /> <br /> <br />and any entity signing on behalf of Owner are valid and existing entities authorized to do business in the <br /> <br /> <br />State of Florida and that the signatory is authorized to act on behalf of the entity or entities for which the <br /> <br /> <br />signatory is purportedly signing. If any of these representations are inaccurate or untrue and the entity <br /> <br /> <br />entering into this Agreement cannot be held liable hereunder, the signatory will be obligated under this <br /> <br /> <br />W <br /> <br />4 <br />