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2011-172
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2011-172
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Last modified
2/15/2016 9:22:36 AM
Creation date
10/1/2015 4:56:04 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
08/16/2011
Control Number
2011-172
Agenda Item Number
8.NN.
Entity Name
Northern Trust NA
Subject
Agreement to Purchase Real Estate Intersection improvements High A1A
Right of Way Improvements
Area
SR A1 and 17th Street intersection
Alternate Name
Northern Trust Bank of Florida N>A>
Supplemental fields
SmeadsoftID
11667
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or other obligation . Arbitration pursuant to this policy and under the Rules in effect on the date the demand for <br /> arbitration is <br /> made or, at the option of the Insured , the Rules in effect at Date of Policy shall be binding upon the parties <br />. The award may i <br /> include attorneys' fees only if the laws of the state in which the Land is located permit a court to award attorneys' <br /> fees to a <br /> prevailing party . Judgment upon the award rendered by the Arbitrator(s) may be entered in any court <br />having jurisdiction <br /> thereof. <br /> The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules . <br /> A copy of the Rules may be obtained from the Company upon request. <br /> 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT <br /> (a) This policy together with all endorsements , if any , attached to it by the Company is the entire policy and <br />contract <br /> between the Insured and the Company . In interpreting any provision of this policy , this policy shall <br /> be <br /> construed as a whole . <br /> (b) Any claim of loss or damage that arises out of the status of the Title or by any action asserting such claim whether <br /> or not based on negligence shall be restricted to this policy . <br /> (c) Any amendment of or endorsement to this policy must be in writing and authenticated by an authorized person , or <br /> expressly incorporated by Schedule A of this policy . <br /> i <br /> (d ) Each endorsement to this policy issued at any time is made a part of this policy and is subject to <br /> all of its terms <br /> and provisions . Except as the endorsement expressly states , it does not (i) modify any of the terms and provisions <br /> of the policy, ( ii) modify any prior endorsement, ( iii) extend the Date of Policy , or ( iv) increase <br /> the Amount of <br /> Insurance. <br /> i <br /> . 16 . SEVERABILITY <br /> In the event any provision of this policy, in whole or in part , is held invalid or unenforceable under applicable <br /> law, the policy <br /> shall be deemed not to include that provision or such part held to be invalid , but all other provisions shall remain <br /> in full force <br /> and effect. <br /> 17 . CHOICE OF LAW ; FORUM <br /> (a) Choice of Law: The Insured acknowledges the Company has underwritten the risks covered by this policy and <br /> determined the premium charged therefor in reliance upon the law affecting interests in real property <br /> _ and <br /> applicable to the interpretation , rights , remedies , or enforcement of policies of title insurance of the jurisdiction <br /> where the Land is located . <br /> Therefore , the court or an arbitrator shall apply the law of the jurisdiction where the Land is located to determine <br /> the validity of claims against the Title that are adverse to the Insured and to interpret and enforce the terms of <br /> this <br /> policy. In neither case shall the court or arbitrator apply its conflicts of law principles to determine the applicable <br /> law. <br /> (b) Choice of Forum : Any litigation or other proceeding brought by the Insured against the Company must be filed <br /> only in a state or federal court within the United States of America or its territories having appropriate jurisdiction . <br /> 18 . NOTICES , WHERE SENT <br /> Any notice of claim and any other notice or statement in writing required to be given to the Company under this policy must <br /> be <br /> given to the Company at Commonwealth Land Title Insurance Company, Attn . Claims Department, P . O . Box <br /> 45023 , <br /> Jacksonville , FL 32232-5023 . <br /> ALTA Owner's Policy (6/17/06) <br /> 8130609 8 of 8 (with Florida Modifications) <br /> Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA <br /> members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title <br /> Association •c�k <br />
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