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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 parry.
<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 parries 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, of 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
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