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A TRUE COPY CERTIFICATION ON LAST PAGE RYAN L. BUTLER, CLERK 6. Successors and Assigns. All the terms of this Agreement whether so expressed or not, shall be binding upon the respective successors and assigns of the Parties hereto and shall inure to the benefit of and be enforceable by the Parties hereto and their respective successors and assigns. 7. Hold Harmless. The GRANTEES and their successors, assigns, heirs, grantees, representatives, invitees, and permittees hereby do agree to release, indemnify, defend (with legal counsel acceptable to the GRANTOR), and hold harmless and indemnify the GRANTOR, its Board members, officers, employees, contractors, agents, and elected and appointed officials, harmless from and against any and all claims, suits, judgments, demands, liabilities, damages, costs, and expenses (including but not limited to attorneys' fees, paralegal fees, consultants' fees and costs at all administrative, pretrial, trial and appellate levels) of any kind or nature whatsoever including without limitation damage to property arising out of or related in any way to the GRANTEES' use of the Drainage Easement. Acknowledgement of Responsibility. The GRANTEES hereby acknowledge they are solely and entirely responsible for any and all costs associated with the need to modify or remove, any structure or other improvements constructed or placed within the easement area. Notices. All notices which may be given or are required to be given by either Party to the other under this Agreement shall be provided in writing and delivered as follows: (3) business days after being deposited in the United States Mail, certified or registered, return receipt requested at the address specified below: Orville Leonard Ganbin, III Kelly L. Jackson 7590 66th Avenue Vero Beach, FL 32967 Indian River County Board of County Commissioners Attn: Public Works Director 1801 27th Street Vero Beach, FL 32960 9. Governing Law and Venue. This Drainage Easement Agreement shall be governed by the laws of the State of Florida. Venue for any action arising out of, or in any way connected with this Agreement shall be in Indian River County, Florida. 10.Attorney's Fees. In the event any Party is required to initiate or defend any legal action or proceeding to enforce this Agreement, the prevailing Party in any such action or proceeding shall be entitled to recover its reasonable costs, including but not limited to expert witness fees, and attorneys' fees (including its reasonable costs and attorneys' fees on any appeal). 3