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then Grantee shall immediately bond off or satisfy and discharge such Claim within 10 days after learning
<br />ofthe same, This paragraph shall survive the termination ofthis Easement.
<br />6. To the extent permitted by law, Grantee shall indemnify, defend and save Grantor
<br />(together with its aMi|iahao, pertnmm, officmru, d|vmctoru, agents and employees) and the Easement Area
<br />harmless from and against any and all causes of enUVn, c|aimm, damogeo, personal injuries and/or
<br />deaths. liabilities, fines, |[enx, mmcumhnanco*, penalties, judgments, |uaaoo, haao, costs and expenses
<br />(including reasonable attorneys fees and ousts atall trial and appellate levels and proceedings) incurred
<br />by Grantor (or any of its effi|ioieo, partners, ofOcero, d|nmohnrm, a8ents, and employees) arising out of,
<br />caused by, resulting from or in connection with any of the following that occur or occurred (or the cause of
<br />which occurs or occurred) at any time while this Easement is in effect (regardless of when any such
<br />cause nfaction, claim, damago, personal injury and/or death, liability, fine. |ien, encumbrance, penalty,
<br />judgment, |oea, fea, cost and/or expense is actually incurred byGrantor o/any of its affiliates, partnere,
<br />o0Dnans, dinec(oro, agents, and/or employees): U> the use of the Easement Area and/or Grantor Facilities
<br />by Grantee (or any of its employees, agents or contractors); (U) the exercise by Grantee (or any of its
<br />emp|oyeea, agents or nontnoobzrp) of any right granted to it herein; (iii) any improvement made to or
<br />installed within the Easement Area by Grantee (or any ofits nmp|nyoea, agents or contractors); (iv) any
<br />Claim made or filed against the Easement Area (including bond premiums for transferring any Claim to
<br />bond); and (v) any violation of this Easement be Grantee (or any of its employees, agents or contractors).
<br />This paragraph shall survive the termination ofthis Easement.
<br />7. All notices to be given under this Easement shall be in vvr|t|nq and sent to the Pad|me as
<br />hereinafter provided, by hand delivery; facsimile; certified mail (return receipt requeahed), postage
<br />prepaid; or by moUVmaUy namzQmized overnight courier service, Any such notice shall be deemed given
<br />upon the earlier of receipt by the addressees if hand delivered (or attempted delivery if refused by the
<br />intended recipient thereof); at the time of transmission if delivered by facsimile; on the date of deposit
<br />thereof in the United States mail; or on the next business day after deposit with a recognized overnight
<br />courier service.
<br />Notices to Grantor shall be sent to 1600 Smw8nass Corporate Parkway, Suite 400. Sumriam,
<br />Florida 38323. Attn: Vice President, Facsimile No. (954) 575-4509; together with a copy to 1600
<br />SowgrmsaCorporate Parkway, Suite 40Q.Sunrise, Florida 33323.Attn: General Counsel.
<br />Notices to Grantee shall be sent to 1801 27`"Street, Building A, Vero B000h, Florida 32960. Attn:
<br />Public Works Director, Facsimile No. (772)778-0391.
<br />The place to which any Party is entitled to receive any noUoc, and the pmrmon(s)designated to receive
<br />any notice on behalf ofany Party, may be changed by such Party by giving notice thereof in accordance
<br />with the foregoing provisions.
<br />8. This Easement shall be governed by, construed and enforced under the laws of the, State
<br />of Florida. U any action, litigation or other proceeding arising out of this Easement is commenced by one
<br />Party against the other, then the prevailing Party in such action, litigation or proceeding shall recover
<br />reasonable all fmeo, costs and expenses incurred thereby (including, without |imitoUon, reasonable
<br />attorneys' fees through and including all appellate |mvn|e and proceedings) from the non -prevailing Party.
<br />This paragraph shall survive the termination ofthis Easement.
<br />9, This Easement contains the entire agreement and understanding between the Parties
<br />relating to the matters contemplated hereby, and all prior or contemporaneous aQnewmanta,
<br />underatandinQn, tarme, oondiNons, representations, vvarmanNes, covenants and statements, whether oral
<br />orwritten, are merged herein. This Easement may bmamended nrmodified only byewritten instrument
<br />executed by the Party against whom, enforcement is sought that is recorded in the Public Floonrda of
<br />Indian River County, Florida,
<br />M The section headings contained in this Easement are for reference purposes only and
<br />shall not affect the meaning or interpretation hermof. All of the Parties have participated fully in the
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