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I 11.F.c I <br /> 21 ATTORNEYS' FEES. The Parties hereto expressly covenant and agree that in the <br /> event of litigation arising from this Agreement, neither Party shall be entitled to an <br /> award of attorney fees, either pursuant to the Agreement, pursuant to A.R.S. § <br /> 12-341.01(A) and(B), or pursuant to any other state or federal statute, court rule, case <br /> law or common law. <br /> 22 JOINT AND SEVERAL LIABILITY. If any Party consists of more than one person or E <br /> entity, the liability of each such person or entity signing this Agreement shall be joint and c <br /> several. <br /> a) <br /> 23 BINDING AGREEMENT. Subject to any limitation on assignment elsewhere set forth d <br /> herein, all terms of this Agreement shall be binding upon, inure to the benefit of, and be N <br /> enforceable by_the parties hereto and their respective legal representatives, successors and a) <br /> assigns. Y <br /> ti <br /> 24 COVENANTS RUNNING WITH THE LAND. The conditions and covenants set forth,in <br /> this Agreement and incorporated herein.by the exhibits shall run with the land and the benefits ., <br /> and burdens shall bind and inure to the benefit of the Parties. The Owner and every purchaser, <br /> assignee or transferee of an interest in the Property, or any portion thereof, shall be obligated a) <br /> and bound by the terms and conditions of this Agreement, and shall be the beneficiary thereof N <br /> and a Party thereto, but only with respect to the Property, or such portion thereof, sold, z° <br /> assigned or transferred to it. Any such purchaser, assignee or transferee shall observe and <br /> fully perform all of the duties and obligations of the Owner contained in this Agreement, as r <br /> such duties and obligations pertain to the portion of the Property sold,assigned or transferred c <br /> to it. v <br /> 25 WAIVER OF RIGHT TO TRIAL BY JURY. The Parties hereto expressly covenant and r <br /> agree that in the event of a.dispute arising from this Agreement, each of the Parties hereto <br /> waives any right to a trial by jury. In the event of litigation,the Parties hereby agree to submit w <br /> any such litigation to the Court (bench trial) and that the parties agree that this Agreement <br /> shall be deemed to have been created in Yavapai County, Arizona, and to be subject to the <br /> jurisdiction.of the Yavapai County Superior Court, and that any claims to alternative d <br /> jurisdiction based on diversity of citizenship,corporate location,etc. are waived by the Parties d <br /> pursuant to this Agreement. <br /> v) <br /> c <br /> IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed this Q. <br /> day of , 20 . c <br /> d <br /> a> <br /> CITY OF PRESCOTT c <br /> d <br /> w <br /> GREG L. MENGARELLI, MAYOR DATE <br /> 7 <br /> Packet Pg.202 I <br />