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BK; 3558 PG: 1778
<br />state law, including any solid, liquid, gaseous, or thermal irritant or contaminant, such as
<br />smoke, vapor, soot, fumes, acids, alkalis, chemicals or waste (including materials to be
<br />recycled, reconditioned or reclaimed) (collectively, "Hazardous Substances") have been, or
<br />shall be discharged, disbursed, released, stored, treated, generated, disposed of, or allowed to
<br />escape or migrate (collectively referred to as the "Release") on or from the Parent Property.
<br />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 />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 (l) 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. Reserved.
<br />Asset Fite 4: TwPA0036305 Page 4 of 14
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