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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 he binding 11J)('IJ1 the SlIccessors, assigns, personal <br />representati\'es and heirs of the parties hereto. <br /> <br />13". Entire Agrccment: This Agreement is the entire agreement between the p3l1ics with <br />respect to the subject mat1cr hereof and no nlter;:Jtion, modification, or interpretation hereof shall he hinding <br />unless in writing and signed by both pal1ies. The response to the Request For Proposals is incorporatcd into <br />this agreement, except as 10 any conflicts where the agreement shall control in conllicts between the RFP t <br />response and the agreement. <br /> <br />]4. Se,'erabiIity: If an)' provision of this Agrecmcnt or application to an)' party or <br /> <br /> <br />circumstances shall be determ ined by any court of competent jurisdiction to be in\'alid and uncnforceable 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 detellllined invalid or unenforceable, shall not be affected <br /> <br /> <br />thereby and each provision hereof shall be valid and shall be enforced to thc fullest extent permil1ed by law. <br /> <br />15. Applicable Law: This Agreement shall be construed and enforced in accordance with the <br />laws of the State of Florida. NAI Realvest understands that all information generated as part of this project is <br />subject to public records law, as per Fla. Stat., Ch. I] 9, NAI Real\'est agrees to abide by all laws, and to <br />accurately represent the premises and not make any statements, regarding the premises that may give rise to <br />any claim against the Owner, and to indemnifY the OWller should an)' claim be made. <br /> <br />16. Agent: The tellll "Agent" as used in this Agreement shall include any corporate <br /> <br /> <br />subsidiaries or affiliates of Agent who perform ser\'ices in, on or about the Property in connection with this <br /> <br />Agreement. <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 />] 8. Authority: The person executing this document on behalf of Owner represents that Owner <br />and any entity signing on behalf of Owner are valid and existing entities authorized to do business in the <br />State of Florida and that the signatory is authorized to act on behalf of the entity or entities for which the <br />signatory is purportedly signing, If any of these representations are inaccurate or untrue and the entity <br />entering into this Agreement cannot be held liable hereunder, the signatory will be obligated under this <br /> <br />W <br />