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DocuSign Envelope ID: 2F824D49-F88D-4ED1-B861-25C6564470E2
<br />EXECUTION COPY
<br />4.7 Liability for Personal Property. All personal property, placed or moved onto the
<br />Leased Premises is at the sole risk of LESSEE or other owner of such personal property. LESSOR
<br />shall not be liable for any damage to such personal property, or for personal injuries to LESSEE
<br />or any of LESSEE's subtenants, agents, servants, employees, contractors, guests, or invitees or to
<br />trespassers on the Leased Premises that arise from any person's tortious acts or omissions,
<br />regardless of the status of the person; provided, however, that if the damage or injury is caused by
<br />LESSOR's tortious acts or omissions, then, to the extent the damage or injury in question is caused
<br />by LESSOR's tortious acts or omissions, then LESSEE's liability to LESSOR hereunder shall be
<br />proportionately abated.
<br />4.8 Liability for Damages or Injuries. LESSOR shall not be liable for any damage
<br />or injury incurred or sustained in, on or about the Leased Premises when such damage or injury
<br />results from the tortious acts or omissions of any person, including LESSEE's guests, invitees,
<br />servants, agents, employees, or contractors, or trespassers on the Leased Premises; provided,
<br />however, that if the damage or injury is caused by LESSOR's negligence, tortious acts, or
<br />omissions, then, to the extent the damage or injury in question is caused by LESSOR's negligence, tortious
<br />acts, or omissions, then LESSEE's liability to LESSOR hereunder shall be proportionately abated.
<br />4.9 Due Diligence Investigation. LESSEE shall have the right and option to conduct
<br />a due diligence investigation ("Due Diligence Investigation") of the Leased Premises to determine
<br />the environmental, regulatory compliance, electrical, water, sewer and utility operating systems
<br />conditions, and any other investigations as it deems appropriate in connection with its Lease of the
<br />Leased Premises and the improvements contemplated by LESSEE. The Due Diligence
<br />Investigation shall be conducted during a thirty (30) day period commencing at the Effective Date
<br />(the "Due Diligence Investigation Period"). LESSEE may conduct a Phase I Environmental
<br />Assessments of the Leased Premises. If LESSEE is satisfied with its Due Diligence Investigation,
<br />then on or before the expiration of the Due Diligence Investigation Period, LESSEE shall
<br />communicate its acceptance of the Leased Premises and the effectiveness of the Lease. If LESSEE
<br />is not satisfied with the condition of the Leased Premises, in its discretion, and LESSOR and
<br />LESSEE are unable to agree upon accommodations for such unsatisfactory conditions, then at
<br />LESSEE's sole option, LESSEE may terminate this Lease upon delivery of written notice to
<br />LESSOR on or prior to the expiration of its Due Diligence Investigation Period and neither party
<br />shall have any further obligations to the other except for any indemnity obligations that survive
<br />termination.
<br />4.10 ADA. LESSEE shall have the continuing obligation of compliance with the
<br />Americans With Disabilities Act, as same may be amended from time to time, with respect to the
<br />Leased Premises. To the extent that LESSEE's Due Diligence Investigation reveals any substantial
<br />non-compliance with the Americans with Disabilities Act or some other area of material non-
<br />compliance with applicable governmental regulations, then LESSOR and LESSEE shall
<br />reasonably negotiate relative responsibility for such non-compliance during the Due Diligence
<br />Investigation Period.
<br />4.11 Emergency Use. This Lease Agreement is subordinate to any emergency use
<br />invoked pursuant to Section 252.42, Florida Statutes (2023), as amended or revised, or invoked
<br />pursuant to any applicable emergency management program or plan.
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