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VIII. Miscellaneous <br />EPL may terminate this agreement at any time without liability to any party. In no <br />event shall either party hereto be liable to the other for consequential, special, <br />exemplary, indirect or incidental losses or damages under the agreement, including <br />loss of use, cost of capita(, toss of goodwill, lost revenues or loss of profit, and. Agency <br />and FPL each hereby release the other and each of such persons and entities from <br />any such liability. This agreement is governed by Florida law. Nothing herein shall <br />constitute a waiver of Agency's sovereign immunity. This agreement is solely for the <br />benefit of the named parties, and no enforceable right or cause of action shall accrue <br />hereunder to or for the benefit of any entity or individual not a named party hereto. <br />THE PARTIES HERETO WAIVE ANY RIGHT EITHER MAY HAVE TO A TRIAL BY <br />.JURY WITH RESPECT TO ANY LITIGATION ARISING IN CONNECTION WITH <br />THIS AGREEMENT. <br />The remainder of this page is intentionally blank <br />9 FPL Care To Share Program Agreement (rev 7-9-2418) <br />158 <br />