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Ll <br />40 <br />Section 13,09. Damage toto pro pegy. The Dodgers shall not have any liability for loss or damage <br />to property owned gr leased or otherwise in the possession, control, or custody of the County, that is <br />wrongly or incorrectly on the premises of the Facility, unless such damage is caused solely orpartially by <br />the Dodgers` negligence or willful misconduct, in which case the Dodgers shall be liable for only the portion <br />so caused. <br />Section 13.10. Con seguelitia I Damao . Under no circtunstances shall either party or any of its <br />subcontractors, suppliers and vendors be liable to the otherparty forany indirect' special, incidental. and/or <br />consequential damages, including, but not limited to, loss of profits or interruption of business, whether such <br />damages are alleged in tort, contract, indemnity, or otherwise, even if such parry has been apprised of the <br />possibility of such damages. To the extent permitted by law, each party hereby releases the other and its <br />subcontractors, suppliers and vendors therefrom. <br />Section 13.11. Vis. The headings used herein are for convenience of reference only and <br />shall not cor+stitute a part hereof or affect the construction or interpretation hereof. <br />Section 13.12. Scverabilirv. If any clause, provision, or section hereof is held illegal, invalid or <br />unenforceable by any court, the i3legabry, invalidity, or unenforceability of such clause, provision or section <br />shall not affect any of the remaining clauses, provisions, or sections hereof, and this Agreement shall be <br />construed and enforced as if such illegal, invalid, or unenforceable clause, provision orsection had not been <br />contained herein. <br />Section 13.13. Waiver. No failure on the part of any parry to exercise, and no delay in exercising, <br />and no course of dealing with respect to any right hereunder, shall operate as a waivcrthereof, nor shall <br />any single or partial exercise of any right hereunder preclude any other or fitnher exercise thereof or the <br />exercise of any other right or remedy provided at law or in equity, except as expressly set forth herein. <br />Section 13.14. Terminrslosv. All personal pronouns used herein, whether used in the masculine, <br />feminine, or neuter gender, shall include the singular. <br />Section 13.15. Tbird PaM EjeBefird=. No person other than the Dodgers, the County, the <br />Indemnified County Parries, the Indemnified Dodgcts Parries, and the successors and assigns of such. shal I <br />have any rights whatsoever under this Agreement. <br />Section 13.16 Radon Notice. Chapter 88-285, Laws of Florida, requires the following notice to <br />be provided with respect to the contract for sale and purchase of any building, or a rental agreement for <br />any building, and the patties hereto acknowledge and confirm receipt of the following: "RADON GAS: <br />Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient <br />quantities, may present health risks to persons who are exposed to it over time. Levels of radon that <br />exceed federal and state guidelines have been found in buildings in Florida. Additional information <br />regarding radon and radon testing may be obtained from your county health department." <br />Page 19 of 2.5 <br />da7 <br />