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575-060-33
<br />RIGHT OF WAY
<br />OGC -08/09
<br />Page 2 of 5
<br />Lease and the leased property restored as nearly as practical to its condition at the time this Lease is executed. Portable or temporary
<br />advertising signs are prohibited.
<br />Lessee shall perform, at the sole expense of Lessee, all work required in the preparation of the leased property for occupancy
<br />by Lessee, in the absence of any special provision herein contained to the contrary; and Lessee does hereby accept the leased
<br />property as now being in fit and tenantable condition for all purposes of Lessee.
<br />Lessor reserves the right to inspect the property and to require whatever adjustment to structures or improvements as Lessor,
<br />in its sole discretion, deems necessary. Any adjustments shall be done at Lessee's sole cost and expense.
<br />5. Maintenance. Lessee shall keep and maintain the leased property and any building or other structure, now or hereafter
<br />erected thereon, in good and safe condition and repair at Lessee's own expense during the existence of this Lease, and shall keep the
<br />same free and clear of any and all grass, weeds, brush, and debris of any kind, so as to prevent the same from becoming dangerous,
<br />inflammable, or objectionable. Lessor shall have no duty to inspect or maintain any of the leased property or buildings, and other
<br />structures thereon, during the term of this Lease; however, Lessor shall have the right, upon twenty-four (24) hours notice to Lessee, to
<br />enter the leased property for purposes of inspection, including conducting an environmental assessment. Such assessment may
<br />include: surveying; sampling of building materials, soil, and groundwater; monitoring well installations; soil excavation; groundwater
<br />remediation; emergency asbestos abatement; operation and maintenance inspections; and, any other actions which may be reasonable
<br />and necessary. Lessor's right of entry shall not obligate inspection of the property by Lessor, nor shall it relieve the Lessee of its duty to
<br />maintain the leased property. In the event of emergency due to a release or suspected release of hazardous waste on the property,
<br />Lessor shall have the right of immediate inspection, and the right, but not the obligation, to engage in remedial action, without notice,
<br />the sole cost and expense of which shall be the responsibility of the Lessee.
<br />6. Indemnification. (select applicable paragraph)
<br />® Lessee is a Governmental Agency
<br />To the extent provided by law, Lessee shall indemnify, defend, and hold harmless the Lessor and all of its officers, agents, and
<br />employees from any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by Lessee,
<br />its agents, or employees, during the performance of the Lease, except that neither Lessee, its officers, agents, or employees will be
<br />liable under this paragraph for any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act
<br />by the Lessor or any of its officers, agents, or employees during the performance of the Lease.
<br />When the Lessor receives a notice of claim for damages that may have been caused by the Lessee, the Lessor will
<br />immediately forward the claim to the Lessee. Lessee and the Lessor will evaluate the claim and report their findings to each other
<br />within fourteen (14) working days and will jointly discuss options in defending the claim. After reviewing the claim, the Lessor will
<br />determine whether to require the participation of Lessee in the defense of the claim or to require that Lessee defend the Lessor in such
<br />claim as described in this section. The Lessor's failure to promptly notify Lessee of a claim shall not act as a waiver of any right herein
<br />to require the participation in or defense of the claim by Lessee. The Lessor and Lessee will each pay its own expenses for the
<br />evaluation, settlement negotiations, and trial, if any.
<br />❑ Lessee is not a Governmental Agency
<br />Lessee shall indemnify, defend, save, and hold harmless Lessor, its agent, officers, and employees, from any losses, fines,
<br />penalties, costs, damages, claims, demands, suits, and liabilities of any nature, including attorney's fees, (including regulatory and
<br />appellate fees), arising out of or because of any acts, action, neglect, or omission by Lessee, or due to any accident, happening, or
<br />occurrence on the leased property or arising in any manner from the exercise or attempted exercise of Lessee's rights hereunder
<br />whether the same regards person or property of any nature whatsoever, regardless of the apportionment of negligence, unless due to
<br />the sole negligence of Lessor.
<br />Lessee's obligation to indemnify, defend and pay for the defenses or at Lessor's option, to participate, and to associate with
<br />the Lessor in the defense and trial of any claim and any related settlement negotiations, shall be triggered by the Lessor's notice of
<br />claim for indemnification to Lessee. Lessee's inability to evaluate liability or its evaluation of liability shall not excuse Lessee's duty to
<br />defend and indemnify within seven days after such notice by the Lessor is given by registered mail. Only an adjudication or judgment
<br />after the highest appeal is exhausted specifically finding the Lessor solely negligent shall excuse performance of this provision by
<br />Lessee. Lessee shall pay all costs and fees related to this obligation and its enforcement by Lessor. Lessor's failure to notify Lessee of
<br />claim shall not release Lessee of the above duty to defend.
<br />7. Insurance. Lessee at its expense, shall maintain at all times during the term of this Lease, public liability insurance
<br />protecting Lessor and Lessee against any and all claims for injury and damage to persons and property, and for the loss of life or
<br />property occurring in, on, or about the property arising out of the act, negligence, omission, nonfeasance, or malfeasance of Lessee, its
<br />employees, agents, contractors, customers, licensees, and invitees. Such insurance shall be carried in a minimum amount of not less
<br />than one million dollars ($ 1,000,000.00 ) for bodily injury or death to any one person or any number of persons in
<br />any one occurrence and not less than one million dollars ($ 1,000,000.00 ) for property damage, or a combined
<br />coverage of not less than two million dollars ($ 2,000,000.00 ). All such policies shall be issued by
<br />companies licensed to do business in the State of Florida and all such policies shall contain a provision whereby the same cannot be
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