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(e) The terms and provisions of this Article shall create no right in any person, firm <br />or corporation other than the parties and their respective successors and permitted assigns and no <br />third party shall have the right to enforce or benefit from the terms hereof. <br />(f) The Escrow Agent has executed this Agreement for the sole purpose of agreeing <br />to act as such in accordance with the tenns of this Agreement. <br />ARTICLE XIV <br />LITIGATION <br />14.1 Attorneys' Fees; Jurisdiction; Venue. In the event of any litigation arising out of or under <br />this Agreement and/or out of Buyer's ownership, development or construction upon the Property, <br />the prevailing party shall be entitled to collect from the non -prevailing party reasonable <br />attorneys' fees and costs, including at all appellate levels and in any bankruptcy proceeding. <br />Buyer and Seller hereby submit to the jurisdiction of the Civil Courts of the State and the United <br />States District Courts located in the State in respect of any suit or other proceeding brought in <br />connection with or arising out of this Agreement and venue shall be in the County. The <br />provisions of this Section shall survive the Closing. <br />14.2 WAIVER OF JURY TRIAL. THE PARTIES HEREBY KNOWINGLY, <br />VOLUNTARILY AND INTENTIONALLY WAIVE THE RIGHT EITHER MAY HAVE TO A <br />TRIAL BY JURY IN RESPECT OF ANY LITIGATION BASED HEREON, OR ARISING <br />OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT AND ANY <br />DOCUMENT EXECUTED IN CONNECTION HEREWITH OR RELATED HERETO, OR <br />ANY COURSE OR CONDUCT, COURSE. OF DEALING, STATEMENTS (WHETHER <br />ORAL OR WRITTEN) OR ACTIONS OF EITHER PARTY. THIS PROVISION IS A <br />MATERIAL INDUCEMENT FOR THE PARTIES TO ENTER INTO THIS TRANSACTION. <br />[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] <br />MIAMI 2957652.8 79037/33274 <br />22 <br />