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Section 13.07. Effective Date. This Agreement shall be effective on the Effective Date.
<br />Section 13.08. Time of Essence. Time is of the essence in the performance of this
<br />Agreement.
<br />Section 13.09. Damage to Property. Unless Verotown has actual knowledge of the
<br />presence of property owned or leased or otherwise in the possession, control, or custody of the
<br />County that is wrongly or incorrectly on the Facility (the "County Property"), Verotown will not
<br />have any liability for loss or damage to such County Property unless such damage is caused
<br />solely or partially by Verotown's gross negligence or willful misconduct, in which case
<br />Verotown shall be liable for only the portion so caused.
<br />Section 13.10. Consequential Damages. Except as provided in Section 8.04(e) of this
<br />Agreement, neither party nor any of its contractors, subcontractors, suppliers, or vendors shall
<br />be liable to the other for any punitive, special, incidental, indirect, consequential or other similar
<br />damages that do not flow directly and immediately from the wrongful act or negligence of the
<br />party at fault, whether caused by said party's negligence, errors, omissions, strict liability, breach
<br />of contract, breach of warranty or other cause or causes whatsoever, including but not limited to,
<br />additional labor, energy, financing or interest costs, loss of use or delay, loss of profits or
<br />revenue, fines or penalties assessed for failure to comply with any law or regulation, and
<br />damages suffered by third parties, but not including attorney's fees as provided in Article XIV of
<br />this Agreement. To the extent permitted by law, each party hereby releases the other party and
<br />the other party's subcontractors, suppliers and vendors therefrom.
<br />Section 13.11. Headings. The headings used herein are for convenience of reference
<br />only and will not constitute a part hereof or affect the construction or interpretation hereof.
<br />Section 13.12. 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 will not affect any of the remaining clauses, provisions, or sections
<br />hereof, and this Agreement will be construed and enforced as if such illegal, invalid, or
<br />unenforceable clause, provision or section had not been contained herein.
<br />Section 13.13. 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, will operate as a waiver
<br />thereof, nor will 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 in this Agreement.
<br />Section 13.14. Terminology. All personal pronouns used herein, whether used in the
<br />masculine, feminine, or neuter gender, will include the singular.
<br />Section 13.15. Third Party Beneficiary. No person other than Verotown, the County, the
<br />Indemnified County Parties, the Indemnified Verotown Parties, and the permitted successors and
<br />assigns of such, have any rights whatsoever under this Agreement.
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