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any other interests in the Property or personal property referenced by this <br />agreement. <br />(g) This Agreement represents a settlement of doubtful and disputed claims between <br />the Parties and does not constitute any admission of liability by either party to the <br />other party to this Agreement. Tenant and City now wish to enter into this <br />Agreement in lieu of and under threat of eminent domain proceedings. <br />3. Third Partv Beneficiaries <br />Except as explicitly set forth herein, nothing in this Agreement is intended to create any <br />third party beneficiaries under this Agreement, and no person or entity other than <br />Authority and Tenant shall be authorized to enforce the provisions of this Agreement. <br />4. Attorney's Fees <br />In the event of litigation relating to or arising out of this Agreement, the prevailing party <br />shall be entitled to be reimbursed by the non-prevailing party for all reasonable costs and <br />expenses incurred thereby, including, but not limited to reasonable attorney's fees and <br />costs for services rendered to such prevailing party. <br />5. Indemnity <br />Each party shall indemnify, defend and hold the other party and the Released Parties <br />harmless from and against any claims, damages, demands, liabilities, losses, judgments, <br />expenses and attorney's fees and/or costs resulting from the breach by such indemnifying <br />party of any provision of this Agreement, the falsity of any representation or warranty <br />made by the indemnifying party contained in this Agreement. <br />6. Entire Agreement <br />This Agreement together contains the entire Agreement of the Parties, and supersedes <br />any prior written or oral agreements between them, concerning the subject matter of this <br />Agreement. <br />7. Partial Invalidi!y <br />In the event that any term, covenant, condition or provision of this Agreement shall be <br />determined by a court of competent jurisdiction to be invalid or against public policy, the <br />remaining provisions shall continue in full force and effect. <br />8. Waiver and/or Modification <br />The provisions of this Agreement may not be waived, altered, amended or repealed, in <br />whole or in part, except upon a written agreement signed by each of the Parties. The <br />waiver by one party of the performance of any provisions of this Agreement shall not <br />invalidate this Agreement, nor shall it be deemed a waiver of any other provision hereof. <br />4of7