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BK : 1961 PG : 1045
<br /> and deliver it by facsimile transmission; provided, however, that such party shall promptly
<br /> deliver an original signed copy of the Agreement to the other party.
<br /> Section 8 . 06. Jurisdiction and Venue. The exclusive, convenient, and proper venue for
<br /> any legal proceeding arising out of, or related to, this Agreement shall be Circuit Court for the
<br /> Nineteenth Judicial Circuit, in and for Indian River County, Florida Division. Each party waives
<br /> any defense, whether asserted by motion or pleading, that the Indian River Circuit Court is an
<br /> improper or inconvenient venue. Moreover, all parties to this Agreement, persons and entities
<br /> alike, consent to the personal jurisdiction of the Circuit Court, Nineteenth Judicial Circuit, in and
<br /> for Indian River County, and irrevocably waive any objections to said jurisdiction.
<br /> Section 8 . 07 . Time of Essence. Time is of the essence in the performance of this
<br /> Agreement.
<br /> Section 8 .08 . Consequential Damages. Under no circumstances shall either party or any
<br /> of its subcontractors, suppliers and vendors be liable to the other party for any indirect, special,
<br /> incidental, and/or consequential damages, including, but not limited to , loss of profits or
<br /> interruption of business, whether such damages are alleged in tort, contract, indemnity, or
<br /> otherwise, even if such party has been apprised of the possibility of such damages . To the extent
<br /> permitted by law, each party hereby releases the other from liability for such damages.
<br /> Section 8 .09 . Headings . The headings used in this Agreement are for convenience of
<br /> reference only and shall not constitute a part hereof or affect the construction or interpretation
<br /> hereof.
<br /> Section 8 . 10 . Severability. If any clause, provision, or section hereof is held illegal,
<br /> invalid, or unenforceable by any court, the illegality, invalidity, or unenforceability of such
<br /> clause, provision or section shall not affect any of the remaining clauses, provisions, or sections
<br /> hereof, and this Agreement shall be construed and enforced as if such illegal, invalid, or
<br /> unenforceable clause, provision or section had not been contained herein.
<br /> Section 8 . 11 . Waiver. No failure on the part of any party to exercise, and no delay in
<br /> exercising, and no course of dealing with respect to any right hereunder, shall operate as a waiver
<br /> thereof, nor shall any single or partial exercise of any right hereunder preclude any other or
<br /> further exercise thereof or the exercise of any other right or remedy provided at law or in equity,
<br /> except as expressly set forth herein.
<br /> Section 8 . 12 . Third Party Beneficiary. No person other than the City, the County,
<br /> Dodgers , the Indemnified Dodgers Parties , the Indemnified City Parties, and the successors and
<br /> assigns of such, shall have any rights whatsoever under this Agreement.
<br /> Section 8 . 13 . Radon Notice. Florida law requires the following notice to be provided
<br /> with respect to the contract for sale and purchase of any building, or a rental agreement for any
<br /> building, and the parties hereto acknowledge and confirm receipt of the following:
<br /> "RADON GAS : Radon is a naturally occurring radioactive gas that, when it has
<br /> accumulated in a building in sufficient quantities , may present health risks to
<br /> persons who are exposed to it over time. Levels of radon that exceed federal and
<br /> (FT84532;3 ) Page 12 of 21
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