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<br />11. Counterparts. This Agreement may be executed and delivered in any number of <br />counterparts, each of which so executed and delivered shall be deemed to be an <br />original and all of which shall constitute one and the same instrument. <br /> <br />12. Severability. If any provision, or a portion thereof, of this Agreement, or the <br />application thereof to any person or circumstances shall, to any extent, be held invalid, <br />inoperative or unenforceable, the remainder of this Agreement or the application of such <br />provision, or portion thereof, to any persons or circumstances shall not be affected <br />thereby and the remainder of this Agreement shall be given effect as if such invalid, <br />inoperative or unenforceable portion has not been included; such invalid, inoperative or <br />unenforceable provision, or portion thereof, or the application thereof to any person or <br />circumstances, shall not be given effect. <br /> <br />13. Amendment/Modification. This Agreement may be amended or modified at any <br />time only by an agreement in writing mutually agreed to, executed and acknowledged <br />by Grantor and Grantee and thereafter duly recorded in the Public Records of Seminole <br />a County, Florida. <br /> <br />14. No Partnership. None of the terms or provIsions of this Agreement shall be <br />deemed to create a partnership between the parties in the respective businesses or <br />otherwise, nor shall it cause them to be considered joint venturers or members of any <br />joint enterprise. <br /> <br />15. Indemnification. <br /> <br />(a) Each party does hereby release, indemnify and promise to defend and <br />save harmless the other party, to the fullest extent permitted by law, from and against <br />any and all liability, loss, damage expense, actions, and claims, including reasonable <br />attorney fees', paralegals' fees and costs incurred by the other party in defense thereof, <br />asserted or arising directly or indirectly on account of the acts or omissions of the <br />indemnifying party, their servants, agents, licensees, invitees, employees, and <br />contractors under the terms of this Agreement; provided, however, this paragraph does <br />not purport to indemnify a party against liability for damages arising out of bodily injury <br />to persons or damage to property caused by or resulting from the sole negligence of the <br />party itself, its agents, or employees. <br /> <br />(b) This indemnity provision is not intended as a waiver of the City of <br />Casselberry's common law right of sovereign immunity, as adopted in Fla. Stat. 9 2.01. <br />The limited waiver of sovereign immunity set forth in Fla. Stat. 9 768.28 for tort actions <br />brought against the City of Casselberry shall be applicable to any action brought <br />pursuant to this indemnity provision, even if the indemnity action sounds in contract <br />rather than tort. <br /> <br />16. Benefits and Burdens. The benefits and burdens of this Agreement shall run with <br />the Easernent Area and be appurtenant thereto, with the effect that any person or entity <br /> <br />025805.099001.102317688.5 <br /> <br />3 <br />