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DocuSign Envelope ID: A50351E1-5303-437E-99C1-329F1E98858A
<br />required or recommended for safety. Brightline shall install and maintain such fencing, at its own
<br />expense, within twelve (12) months of the start of passenger revenue service along that portion of
<br />the FECR ROW within Indian River County. Indian River shall have no responsibility, including
<br />but not limited to financial or liability, pertaining to the installation or maintenance of such fencing.
<br />4. Dismissal of Indian River Crossing Litigation. On or before June 11, 2021,
<br />Indian River shall file a Joint Stipulation of Dismissal With Prejudice in the Indian River Crossing
<br />Litigation, in the form attached hereto as Exhibit D.
<br />5. Commitments of Indian River Regarding the Brightline Project. Indian River
<br />acknowledges and agrees that it has evaluated the work currently proposed to be done within
<br />Indian River as part of the Brightline Project and has determined that the work to be done inside
<br />the FECR ROW is not subject to any Indian River approval or permitting requirements, other than
<br />maintenance of traffic to the extent that the work requires crossings to be closed. Indian River
<br />shall not seek to impose any county or local approval or permitting requirements with respect to
<br />the work to be done within the FECR ROW, other than maintenance of traffic if the work requires
<br />crossings to be closed. Indian River also shall not take any other action challenging Brightline's
<br />ability to operate within the FECR ROW; provided, however, that this shall not operate to limit
<br />Indian River's ability to support or lobby for laws or regulations affecting Brightline's operation
<br />within the FECR ROW.
<br />6. Notice and Opportunity to Cure. Except as specifically provided herein, in the
<br />event that a Party alleges another Party to be in material breach of this Agreement, the Party
<br />alleging the material breach shall provide the other Party with written notice identifying with
<br />specificity the date and location of the perceived material breach and the provision of the
<br />Agreement breached ("Cure Notice"). The Party receiving such Cure Notice shall have thirty
<br />business (30) days from the time it receives the Cure Notice (the "Cure Period") to either (a) cure
<br />the alleged material breach and respond in writing, describing what remedial action has been taken,
<br />or (b) respond in writing, explaining why no breach has occurred. During the Cure Period, and
<br />afterward, the Parties shall cooperate in good faith to resolve the alleged material breach. If the
<br />Party alleged to have materially breached this Agreement cures or otherwise satisfactorily
<br />responds to the alleged material breach within the Cure Period, the Party alleging the material
<br />breach shall not file a lawsuit or take other action predicated upon the alleged material breach. If
<br />the Party alleged to have materially breached the Agreement does not cure or satisfactorily respond
<br />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 Indian River Crossing Agreements.
<br />7. Releases.
<br />(a) Indian River, on behalf of itself and the special districts it administers,
<br />hereby releases, acquits, and forever discharges Brightline, and its present and former parent
<br />entities, subsidiaries, affiliates, successors, assigns, directors, officers, employees, agents,
<br />representatives, and insurers, from all claims, causes of action, demands, debts, liabilities, and
<br />obligations, of every name and nature, known or unknown, asserted or unasserted, accrued or
<br />unaccrued, both at law or in equity, from the beginning of time to the Effective Date; provided,
<br />however, that Indian River shall not be deemed to have released any claims arising out of
<br />construction -related damage to County property at the locations specified in Exhibit E.
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