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hereafter be owned, held, transferred, sold, conveyed, demised, devised, assigned, leased, mortgaged, occupied, used and enjoyed subject to the benefits and burdens, as the case may be, of this Agreement and the easement established and created hereby. c) Enforcement. Grantor and Grantee recognize that this Agreement creates a valid enforceable contract between the parties hereto and that either parry may enforce the provisions contained herein by seeking all available remedies through the judicial court system and/or through the appropriate administrative agency. & " d) Entire A eement. This Agreement contains the entire understanding and agreement between the parties relating to the subject matter hereof, and all prior or extrinsic agreements, understandings, representations and statements, oral or written, are merged herein and/or superseded hereby. There are no other agreements, written or oral, between the parties with respect to the subject matter hereof, except those contained in this Agreement. e) Amendment. This Agreement cannot be modified or amended except by a written instrument executed by the parties hereto and supported by valid consideration. f) Severability. If any provision or part of a provision of this Agreement shall be determined to be void or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall, to the extent possible to ensure that the Agreement satisfies the intent of the parties, remain valid and enforceable by either party hereto . g) Construction of Agreement. If any provision of this Agreement requires judicial interpretation, the parties agree that they have each collectively participated in the negotiation and drafting of this Agreement and that there shall be no judicial or other presumption against either party regarding the construction of this Agreement. h) Interpretation. Words used in this Agreement in the singular shall be held to include the plural and vice versa, and words of one gender shall be held to include other genders as the context requires. The terms hereof, herein, and herewith and words of similar import shall be construed to refer to this Agreement in its entirety and not to any particular provision unless otherwise stated. i) Attorney' s Fees. Should any litigation arise between, among or involving any of the parties concerning or arising out of this Agreement, including, but not limited to, actions for damages, specific performance, declaratory, injunctive or other relief, and whether at law or in equity, and including appellate and bankruptcy proceedings as well as at the trial level, the prevailing party in any such litigation or proceeding shall be entitled to recover reasonable attorneys ' fees and costs. j) Applicable Law. This Agreement shall be construed under and in accordance with the laws of the State of Florida. Venue for any lawsuit filed in state court relating to this Agreement shall be in Indian River County, Florida. Venue for any lawsuit filed in federal court shall be in the Federal District court for the Southern District of Florida. 3 F0156729.2