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termination. If no such notice is served, then a tenancy at sufferance shall be deemed to be created <br />at the rent in the preceding sentence. LESSEE shall also pay to LESSOR all damages sustained <br />by LESSOR resulting from a retention of possession by LESSEE, including the loss of any <br />proposed subsequent LESSEE for any portion of the Leased Premises. The provisions of this <br />Section shall not constitute a waiver by LESSOR of any right of re-entry as herein set forth; nor <br />shall receipt of any rent or any other act in apparent affirmance of the tenancy operate as a waiver <br />of the right to terminate this Lease for a breach of any of the terms, covenants or obligations herein <br />on LESSEE's part to be performed. <br />28. Notices. <br />a. Except as provided in subparagraph (c) below, whenever it is provided <br />herein that notice, demand, request or other communication shall or may be given to, or served <br />upon, either of the parties by the other, or either of the parties shall desire to give or serve upon <br />the other any notice, demand, request or other communication with respect hereto or with respect <br />to any matter set forth in this Lease, each such notice, demand, request or other communication <br />shall be in writing and any law or statute to the contrary notwithstanding shall not be effective for <br />any purpose unless the same shall be given by mailing the same by registered or certified mail, <br />postage prepaid, return receipt requested, addressed to the party at the address set forth below, or <br />at such other address or addresses and to such other person or firm as LESSOR may from time to <br />time designate by notice as herein provided, with a simultaneous copy via electronic mail (e-mail). <br />b. All notices, demands, requests or other communications hereunder shall be <br />deemed to have been given or served for all purposes hereunder forty-eight (48) hours after the <br />time that the same shall be deposited in the United States mail, postage prepaid, in the manner <br />aforesaid, provided, with a simultaneous copy via electronic mail (e-mail), however, that for any <br />distance in excess of five hundred (500) miles, air mail service or Federal Express or similar carrier <br />shall be utilized, if available. <br />AS TO LESSOR: <br />City Manager <br />City of Sunny Isles Beach <br />18070 Collins Avenue <br />Sunny Isles Beach, FL 33160 <br />Tel: (305) 792-1776 <br />smorris@sibfl.net <br />With copy to: City Attorney <br />City of Sunny Isles Beach <br />18070 Collins Avenue <br />Sunny Isles Beach, FL 33160 <br />Tel: (305) 792-1776 <br />aboileaugn aw.com <br />12 <br />