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BK : 1961 PG : 1015 <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 /> Page 12 of 21 <br />