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party all reasonable court costs , including attorney' s fees and court preparation costs , and including any appeals thereof. P . Time of Essence . The Parties each understand and acknowledge that time is of the essence of this Agreement. Q . Publicity and Property Rights . District shall not advertise or otherwise use its relationship with Company hereunder in any public disclosure without the prior written consent of Company . Such prohibition shall include , without limitation, brochures , listings , references , advertisements, announcements or other release of information concerning the existence , content or performance under this Agreement to any third party . District shall not be permitted any photographing, filming, taping or other audio or visual recording at the Facility unless prior express written consent is obtained from Company . District shall not use or permit the use of the trade or service names , marks or logos of Company or any of its Affiliates in any manner without the express written consent of Company . The express consent of the Company required herein may be withheld in the absolute and complete discretion of Company. District ' s obligations under this Subsection 8 . 3 . Q shall survive the expiration or termination of this Agreement. R. Cooperation and Release of Information . District shall cooperate with Company ' s requests for public information and District shall release public records concerning the District, its Contractors , and its Franchisees , when such documents are requested by Company in compliance with Chapter 119 , Florida Statutes . S . Sovereign Immunity. Nothing in this Agreement is or shall be construed as a waiver of the District ' s sovereign immunity or the limitations on liability set forth in Section 768 . 28 , Florida Statutes . T . Records Retention . All records required to be prepared or maintained by the Company or District shall be retained by the Company or District, respectively, for at least five ( 5 ) years after the date when the records are prepared . U . Future Activities . The Company ' s response to the County ' s 2008 Request for Proposals contemplated that the Facility would be able to Process a wide variety of different types of solid waste (e . g . , MSW ; C &D Waste ; Vegetative Waste) . The Parties have elected to defer implementation of a Process with respect to other types of solid waste other than Vegetative Waste . If the Company elects to Process other types of solid waste at the Facility in the future , the Parties shall negotiate in good faith to expand the list of materials that the District may deliver to the Facility for Processing, provided such Processing can be accomplished in a manner that is cost- effective , environmentally- sound, and otherwise in the public interest . 37