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6 (c) Pursue any other remedy allowed at law or in equity. Each of the remedies provided herein is cumulative and not exclusive of, and shall not prejudice any other remedy provided herein or under applicable law. No officer, employee or agent of City shall be personally liable to Seller, or any successor in interest, in the event of any default or breach by City, or for any amount of money which may become due to Seller or for any obligation of City under this Agreement. 7. BROKERS. Seller represents that no real estate broker has been retained by Seller in the sale of the Restaurant FF&E or the negotiation of this Agreement. City represents that no real estate broker has been retained by City in the procurement of the Restaurant FF&E or negotiation of this Agreement. Each Party shall indemnify, hold harmless and defend the other Party from any and all claims, actions and liability for any breach of the preceding sentence, and any commission, finder’s fee, or similar charges arising out of the indemnifying Party’s conduct. 8. MISCELLANEOUS. 8.1 Attorneys’ Fees. If any Party employs counsel to enforce or interpret this Agreement, including the commencement of any legal proceeding whatsoever (including insolvency, bankruptcy, arbitration, mediation, declaratory relief or other litigation), the prevailing Party shall be entitled to recover its reasonable attorneys’ fees and court costs (including service of process costs, filing fees, court and court reporter costs, investigative fees, expert witness fees, and the costs of any bonds, whether taxable or not) and shall include the right to recover such fees and costs incurred in any appeal or efforts to collect or otherwise enforce any judgment in its favor in addition to any other remedy it may obtain or be awarded. Any judgment or final order issued in any legal proceeding shall include reimbursement for all such attorneys’ fees and costs. 8.2 Indemnification. Each Party hereby agrees to indemnify, defend (by counsel of the other Party’s choosing), and hold harmless the other Party from and against any claims, demands, suits, liability, damages, costs, losses, and expenses, including without limitation court costs and reasonable attorneys’ fees, arising out of or in connection with such Party’s covenants and/or obligations contained in this Agreement, or any untrue representation, breach of warranty or breach of any covenant or agreement by such Party contained herein or in any document or instrument delivered to the other Party; or in connection with or arising out of any liabilities or such Party to any third party. 8.3 Survival. All indemnities, covenants, representations and warranties contained in this Agreement shall survive Closing. 8.4 Assignment. Absent an express signed written agreement between the Parties to the contrary, neither Seller nor City may assign its rights or delegate its duties under this Agreement without the express written consent of the other, which consent may be withheld for any reason. No permitted assignment of any of the rights or obligations under this Agreement shall result in a novation or in any other way release the assignor from its obligations under this Agreement. DRAFT