2010-038 - Laserfiche WebLink

Home Browse Search

prevailing party shall be entitled to all costs, including, but not limited to, reasonable attorneys' fees and costs at all trial and appellate levels. 12. Authority to Enter Into Settlement Agreement: Each party hereto represents and warrants that it has full and all necessary authority and power to execute and deliver this Settlement Agreement and that the Settlement Agreement is and shall be legal, valid, binding and enforceable against such party in accordance with its terms. 13. Execution of Settlement Agreement: This Settlement Agreement may be executed in any number of counterparts, each of which, once executed and delivered, shall be deemed an original and it shall not be necessary to make proof of the Settlement Agreement or to produce or account for any counterpart other than the ones signed by the parties against whom enforcement is sought. This Settlement Agreement may also be executed and delivered via facsimile or electronic mail. 14. Amendment and Waiver: This Settlement Agreement may not be amended, modified, superseded or cancelled, or its terms, representations, warranties, and conditions contained herein waived unless such amendment, modification, cancellation or waiver is reduced to writing and signed by the parties hereto. 15. Further Actions: At any time following the execution hereof the parties shall execute and deliver all such further instruments or documents and take all such further actions as may be reasonably necessary or appropriate in order to carry out the terms, conditions and provisions of this Settlement Agreement. 16. Waiver of Jury Trial: The parties hereto expressly waive any right to trial by jury of any claim, demand, action, cause of action, or proceeding arising under or with respect to this Settlement Agreement, or in any way connected with, or related to, or incidental to, the dealings of the parties hereto with respect to this Settlement Agreement or the transactions related hereto. WHEREFORE, the parties have executed this Settlement Agreement on the dates set forth below their respective signatures. DIVOSTA HOMES, L.P., a Delaware limited partnership, By: DiVosta Homes Holdings, LLC, its general partner BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, a political subdivision of the State of Florida By: By: Ryan Marshall, Division President , Chair Date: , 2010 ATTEST: RM:6637905:11 5 Date: , 2010 , Clerk