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Neither Grantor nor Grantee shall introduce or use any Hazardous Substances on the Parent <br /> Property or the Easement in violation of any applicable federal, state or local environmental <br /> laws. <br /> b. Grantor and Grantee each agree to defend, indemnify, and hold harmless the other from and <br /> against any and all administrative and judicial actions and rulings, claims, causes of action, <br /> demands and liability including, but not limited to, damages, costs, expenses, assessments, <br /> penalties,fines,cleanup,remedial,removal or restoration work required by any governmental <br /> authority, losses, judgments and reasonable attorneys' fees that the indemnified party may <br /> suffer or incur due to the existence or discovery of any Hazardous Substances on the Parent <br /> Property caused by the other party. Grantee shall not be responsible for and shall not defend, <br /> indemnify or hold harmless Grantor for any Release of Hazardous Substances on or before the <br /> Effective Date.Any requirements of Grantor in this Section 12b are only to the limits set forth <br /> in §768.28, Florida Statutes. <br /> 13. Dispute Resolution and Notice. <br /> a. Jurisdiction and venue under this Agreement shall be in the state and county the Parent Property <br /> is located. The parties may enforce this Agreement and their rights under applicable law, and <br /> may seek specific performance, injunction, appointment of a receiver and any other equitable <br /> rights and remedies available under applicable law. Money damages may not be an adequate <br /> remedy for the harm caused to Grantee by a breach or default by Grantor hereunder, and <br /> Grantor waives the posting of a bond. Damages as against Grantee shall be limited to the <br /> amount of consideration received by Grantor under this Agreement, following any insurance <br /> settlement which may have effect. The prevailing party shall be entitled to an award of its <br /> reasonable attorneys'fees and costs.Neither party shall be liable to the other for consequential, <br /> indirect, speculative or punitive damages. <br /> b. The non-defaulting party shall provide written notice of a default under this Agreement, not <br /> more than thirty (30) days from discovery of the default. From the date of such notice, the <br /> defaulting party shall have thirty (30) days to cure the default, unless the default cannot <br /> reasonably be cured within thirty(30) days in which case the defaulting party shall have such <br /> additional time as necessary to cure the default so long as the defaulting party has commenced <br /> to cure the default and is diligently pursuing completion of the cure. <br /> c. All communications shall be delivered by certified mail,return receipt requested or a nationally <br /> recognized overnight courier to the address beneath each party's signature block or such other <br /> address as advised to the other party pursuant to this paragraph.Notice shall be deemed given <br /> upon receipt if by certified mail,return receipt requested or one(1)business day following the <br /> date of sending, if sent by nationally recognized overnight courier service or upon attempted <br /> delivery if delivery is refused or if delivery is impossible because of failure to provide <br /> reasonable means for accomplishing delivery. <br /> 14. Miscellaneous. <br /> a. The terms and conditions of each existing Collocation Agreement shall govern over any <br /> conflicting term of this Agreement.Notwithstanding anything to the contrary contained in this <br /> Agreement, Grantor and Grantee acknowledge that this Agreement is subject and subordinate <br /> to each existing Collocation Agreement. <br /> b. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the <br /> parties hereto and the successors and assigns of the parties to this Agreement.It is the intention <br /> Asset File#: TwPA0035492 Page 4 of 11 <br />