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the closing, and any other charges customarily paid by a purchaser of real property in Portsmouth, Virginia. Each party shall pay its own attorneys' fees. ARTICLE 8. RISK OF LOSS 8.1 Casualty. Authority assumes all risks and liability for damage to or injury occurring to the Property by fire, storm, accident, or any other casualty or cause until the Closing has been consummated. City assumes the said risks upon consummation of Closing. 8.2 Condemnation. If, prior to the Closing, action is initiated or threatened to take any of the Property by eminent domain proceedings or by deed in lieu thereof, City may either (a) terminate this Agreement or (b) consummate the Closing, in which latter event the award of the condemning authority shall be assigned to City at the Closing. ARTICLE 9. DEFAULT 9.1 Breach by Authority. If Authority breaches this Agreement prior to Closing, City as its sole remedies may either (a) terminate this Agreement or (b) enforce specific performance hereof. 9.2 Breach by City. If City breaches its obligations at or prior to Closing, Authority as its sole remedy shall have the right to terminate this Agreement. 9.3 Sections 9.1 and 9.2 are not intended to limit (a) any monetary liability of either party pursuant to Section 10.2 (Real Estate Commissions), (b) any monetary liability of the City pursuant to Section 4.2 (Right of Entry), (c) any obligation of Authority to make commercially reasonable efforts (including the expenditure of funds) to resolve breaches of warranties or agreements prior to Closing pursuant to, and subject to the limitations in, Section 5.3, (d) monetary damages for a breach of a representation under Section 5.1 or 5.4 first discovered by the non -breaching party after the Closing Date but prior to two years after the Closing Date, (e) monetary damages for the breach of post -closing obligations of the parties, or (f) equitable remedies in favor of either party at any time. 9.4 Except as set forth in Section 9.3, neither party shall be liable for monetary damages hereunder. 9.5 Under no circumstance shall any party be liable hereunder for special, consequential, speculative, punitive damages, or the like. ARTICLE 10. MISCELLANEOUS 10. l Notices. All notices, demands and requests which may be given or which are required to be given by either party to the other, and any exercise of a right of termination provided by this Agreement, shall be in writing and shall be deemed effective when delivered to the notice addresses or email addresses set forth below by hand delivery, e-mail or other electronic transmission, or by Federal Express or other reputable courier service, or when deposited in any post office or mail receptacle regularly maintained by the United States Government, certified or registered mail, return receipt requested, postage prepaid, addressed as follows: If to Authority: Hampton Roads Regional Jail Authority .8.