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to the alleged material breach within the Cure Period, the other Party shall be entitled to file suit
<br />to cure the alleged material breach and seek to terminate this Agreement and/or the contemplated
<br />amendments to the Existing Martin Crossing Agreements and the Existing Indian River Crossing
<br />Agreements.
<br />13. Releases.
<br />(a) Martin, Indian River, the Indian River FSD, and CARE each release, acquit,
<br />and forever discharge Brightline, and its present and former parent entities, subsidiaries, affiliates,
<br />successors, assigns, directors, officers, employees, agents, representatives, and insurers, from all
<br />claims, causes of action, demands, debts, liabilities, and obligations, of every name and nature,
<br />known or unknown, asserted or unasserted, accrued or unaccrued, both at law or in equity, from
<br />the beginning of time to the Effective Date.
<br />(b) Brightline, on behalf of itself and its present and former parent entities,
<br />subsidiaries, affiliates, successors, and assigns, hereby releases, acquits, and forever discharges
<br />Martin, Indian River, the Indian River ESD, and CARE, and their present and former elected
<br />officials, employees, agents, representatives, and insurers, from all claims, causes of action,
<br />demands, debts, liabilities, and obligations, of every name and nature, known or unknown, asserted
<br />or unasserted, accrued or unaccrued, both at law or in equity, from the beginning of time to the
<br />Effective Date.
<br />(c) The foregoing releases are intended to be given the broadest possible
<br />interpretation, but shall not eliminate any obligations arising under this Settlement Agreement.
<br />14. Binding_ Effect. This Settlement Agreement is final and binding on the Parties,
<br />including their heirs, successors, and future assigns.
<br />15. No Assignment. Each Party acknowledges and agrees that it has not assigned,
<br />transferred, conveyed, or encumbered any claim, debt, liability, or obligations released herein.
<br />16. Compromise. This Settlement Agreement is made in compromise of a dispute.
<br />Nothing herein shall be construed or deemed an admission of liability or wrongdoing.
<br />17. Entire Agreement. This Settlement Agreement contains the entire agreement of the
<br />Parties, and supersedes any and all prior negotiations, representations, understandings,
<br />and agreements, whether oral or in writing, with respect to the subject matter hereof.
<br />18. Severability. In the event that any provision of this Agreement shall at any time
<br />contravene, in whole or part, any applicable law, ruling or regulation, then such provision shall
<br />remain in effect only to the extent permitted, and the remaining provisions hereof shall remain in
<br />full force and effect.
<br />19. Modification. This Settlement Agreement may not be amended, modified,
<br />released, discharged, or otherwise terminated, in whole or part, except by an instrument in writing
<br />signed by authorized representatives of the parties hereto.
<br />20. Construction. This Settlement Agreement was drafted by counsel for the Parties
<br />and shall not be construed more strictly against any Party on the ground that it was the drafter.
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