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<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> 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 /> <br /> 3. Third Party Beneficiaries <br /> <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 /> <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 /> <br /> 5. Indemnity <br /> <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 Aareennent <br /> <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 lnvaliditv <br /> <br /> In the event that any terns, covenant, condition or provision of this Agreement shall be <br /> detennined 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 /> <br /> <br /> 8. Waiver and/or Modification <br /> <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 The provisions of this Agreement may not be waived, altered, amended or repealed, in 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 <br /> <br /> 25E-8 <br />