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Page 20 of 29 <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. The Dodgers shall not have any liability for loss or <br />damage to property owned or leased or otherwise in the possession, control, or custody of the <br />County, that is wrongly or incorrectly on the premises of the Facility, unless such damage is caused <br />solely or partially by the Dodgers' negligence or willful misconduct, in which case the Dodgers shall <br />be liable for only the portion so caused. <br />Section 13.10. 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 interruption <br />of business, whether such damages are alleged in tort, contract, indemnity, or otherwise, even if such <br />party has been apprised of the possibility of such damages. To the extent permitted by law, each party <br />hereby releases the other and its subcontractors, suppliers and vendors therefrom_ <br />Section 13.11. Heading . The headings used herein are for convenience of reference only <br />and shall not constitute a part hereof or affect the construction or interpretation hereof. <br />Section 13.12. Severabili If any clause, provision, or section hereof is held illegal, invalid, <br />or unenforceable by any court, the illegality, invalidity, or unenforceability of such clause, pro -vision <br />or section shall not affect any of the remaining clauses, provisions, or sections hereof, and this <br />Agreement shall be construed and enforced as if such illegal, invalid, or unenforceable clause, <br />pro%ision 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, shall operate as a waiver <br />thereof, nor shall any single or partial exercise of any right hereunder preclude any other or further <br />exercise thereof or the exercise of any other right or remedy provided at law or in equity, except as <br />expressly set forth herein. <br />Section 13.14. _TSrminoloAll personal pronouns used herein, whether used in the <br />masculine, feminine, or neuter Bender, shall include the singular. <br />Section 13 1 -5_ Third Pam- Beneficiarv. No person other than the Dodgers, the County, the <br />Indemnified County Parties, the Indemnified Dodgers Parties, and the successors and assigns of such, <br />shall have anv fights whatsoever under this aereement <br />0 <br />Section l? 16 Radon Notice Chapter 88-28-5_ Lars of Florida. requires the following notice <br />to be provided pith respect to the contract for sale and purchase of any building. or a rental <br />agreement for anv building` and the parties hereto acknol%led;ge and confirm receipt of the folloti►ing v <br />c� <br />0 <br />u7 <br />CO <br />Page 20 of 27 <br />https://ori.indian-river. org///Document/GetDocumentForPrintPNG/?request=AQAAANC... 5/2/2021 <br />