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shall be at the expense of the City, subject to reimbursement from Owner. In any of these events, fees and expenses of the City's counsel shall be borne by Owner. Owner may not settle any Third Party Claim without the consent of the City. After any final judgment or award has been rendered by a court, arbitration board, or administrative agency of competent jurisdiction and the time in which to appeal from it has expired, a settlement has been consummated, or Owner and the City arrive at a mutually binding agreement with respect to each separate matter alleged to be indemnified by Owner, the City shall forward to Owner notice of any sums due and owing by it with respect to the matter, and Owner immediately shall pay all of the sums owing, by wire transfer or certified or bank cashier's check, to the City. 14. Attorneys' Fees. Should any party to this Agreement bring an action against any other party to enforce am, provision of the Agreement, the prevailing party in said action shall be entitled to recover its reasonable attorneys' fees and court costs in all trial and appellate proceed ngs. 13. Notices. Every notice, demand, consent, approval or other document or instrument required or permitted to be given to any party to this Agreement shall be in writing and shall be delivered in person or sent by registered or certified mail, postage prepaid, return receipt requested, to the following address (or such other address as any party may designate from time to time in writing). For City: For Owner: Paul Carlisle,City Manager Jeff E. Bass 1225 Main Street President Sebastian, Florida 32958 Graves Brothers Company with a copy to: 2771 Indian River Blvd.,Suite 201 Vero Beach, Florida 32960 City Attorney 1225 Main Street with a copy to: Sebastian, Florida 32958 Registered stered Agent on file. Exhibit 2 To Ordinance No.0-19-04 ANNEXATION AGREEMENT Page 10 of 13