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N (b) Martin hereby acknowledges and agrees that it has evaluated the work currently proposed to be done within Martin as part of the Brightline Project and has determined that the work to be done inside the FECR ROW is not subject to any Martin permitting requirements, except for the Floodplain Approval that is required for any work within identified Special Flood Hazard Areas in Martin, including bridges. Brightline believes the Floodplain Approval requirement is subject to federal preemption and is therefore inapplicable, but it has agreed to treat the requirement as applicable solely for purposes of this Agreement. Brightline shall submit a No -Rise Certification, signed and sealed by a professional engineer licensed in the state of Florida, prior to any work commencing on a railroad bridge, not including the St. Lucie River Bridge. Brightline agrees to provide Martin any and all hydraulic analysis or models associated with the No -Rise Certification. Martin agrees to issue a Floodplain Approval for the bridge work within ten (10) business days after receipt of each No -Rise Certification(s). (c) Indian River also acknowledges and agrees that it has evaluated the work currently proposed to be done within Indian River as part of the Brightline Project and has determined that the work to be done inside the FECR ROW is not subject to any Indian River permitting requirements. (d) Martin and Indian River shall not seek to impose any county or local approval or permitting requirements with respect to the work currently proposed to be done within the FECR ROW. (e) During the period of construction and the first three years of Brightline passenger revenue operations between West Palm Beach and Orlando, Martin, Indian River, the Indian River ESD, and CARE will not pass any resolution or adopt any other official act that publicly supports or actively encourages third parties to support any federal or state legislation, or new County laws or regulations that would directly and adversely impact the Brightline Project. (f) Martin, Indian River, the Indian River ESD, and CARE will not pass any resolution or adopt any other official act that publicly supports or actively encourages others to support any federal, state, county, or local laws or regulations that would directly and adversely impact Brightline's ability to comply with any term of this Agreement or vary any commitment made under this Agreement. 12. Notice and Opportunity to Cure. In the event that a Party alleges another Party to be in material breach of this Agreement, the Party alleging the material breach shall provide the other Party with written notice identifying with specificity the date and location of the perceived material breach and the provision of the Agreement breached ("Cure Notice"). The Party receiving such Cure Notice shall have thirty (30) days from the time it receives the Cure Notice (the "Cure Period") to either (a) cure the alleged material breach and respond in writing, describing what remedial action has been taken, or (b) respond in writing, explaining why no breach has occurred. During the Cure Period, and afterward, the Parties shall cooperate in good faith to resolve the alleged material breach. If the Party alleged to have materially breached this Agreement cures or otherwise satisfactorily responds to the alleged material breach within the Cure Period, the Party alleging the material breach shall not file a lawsuit or take other action predicated upon the alleged material breach. If the Party alleged to have materially breached the Agreement does not cure or satisfactorily respond -13-