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EXECUTION COPY
<br />Premises or the Property by reason of any act or omission of LESSEE or any of LESSEE's agents,
<br />employees, contractors, or representatives, then LESSEE shall cause the same to be canceled and
<br />discharged of record by bond or otherwise within ten (10) days after the filing thereof. Should LESSEE
<br />fail to discharge such lien within such ten (10) day period, then LESSOR may discharge the same, in
<br />which event LESSEE shall reimburse LESSOR, on demand, as additional rent, for the amount of the
<br />lien or the amount of the bond, if greater, plus all administrative costs incurred by LESSOR in
<br />connection therewith. The remedies provided herein shall be in addition to all other remedies available
<br />to LESSOR under this Lease or otherwise. LESSEE shall not be deemed to be the agent of LESSOR, so
<br />as to confer upon a laborer bestowing labor upon or within the real property underlying the Leased
<br />Premises or upon materialmen who furnish material incorporated in the construction and improvements
<br />upon the foregoing, a construction lien pursuant to Chapter 713, Florida Statutes, as same may be
<br />amended from time to time, or an equitable lien upon the LESSOR's right, title or interest in and to the
<br />Leased Premises. These provisions shall be deemed a notice under Section 713.01 (26), Florida Statutes
<br />as well as Section 713.10(1) & (2)(b) Florida Statutes, as same may be amended from time to time, of
<br />the "non -liability" of the LESSOR. LESSEE shall have no power to do any act or make any contract
<br />that may create or be the foundation of any lien, mortgage or other encumbrance upon the reversionary
<br />or other estate of LESSOR, or any interest of LESSOR in the Leased Premises. NO CONSTRUCTION
<br />LIENS OR OTHER LIENS FOR ANY LABOR, SERVICES OR MATERIALS FURNISHED TO THE
<br />LEASED PREMISES SHALL ATTACH TO OR AFFECT THE INTEREST OF LESSOR IN AND
<br />TO THE LEASED PREMISES OR THE PROPERTY.
<br />15. LESSOR'S RIGHTS TO MAKE REPAIRS. Notwithstanding anything to the contrary
<br />set forth herein, if LESSEE fails to timely perform any of its maintenance obligations under this Lease
<br />and does not commence performance of such maintenance obligations within fifteen (15) days after
<br />receipt of notice from LESSOR (unless the damage is of such a nature that immediate repairs are
<br />necessary under the circumstances to mitigate or prevent imminent risk of harm to persons or property)
<br />specifying the work needed, and to thereafter diligently and. continuously pursuing completion of
<br />unfulfilled maintenance obligations, then LESSOR shall have the right, but not the obligation, to
<br />perform such maintenance, and any amounts so expended by LESSOR shall be paid by LESSEE to
<br />LESSOR within thirty (30) days after written demand, with interest at the maximum rate allowed by
<br />law (or the rate of ten percent (10%) per annum, whichever is less) accruing from the date of expenditure
<br />through the date paid. Any failure of LESSEE to reimburse LESSOR within such 30 -day time period
<br />shall constitute a default under this Lease.
<br />16. LESSOR'S MAINTENANCE. Except for repairs and replacements that LESSEE must
<br />make herein, LESSOR shall pay for and make all other repairs and replacements to the Common Areas,
<br />and Property (including any fixtures and equipment that are part of the Common Areas). This
<br />maintenance shall include the roof, foundation, exterior walls, interior structural walls, all structural
<br />components, and all exterior systems, such as mechanical, electrical, and plumbing risers within the
<br />Common Areas. Repairs or replacements required herein shall be made within a reasonable time
<br />(depending on the nature of the repair or replacement needed) after receiving notice from LESSEE or
<br />LESSOR having actual knowledge of the need for a repair or replacement. Notwithstanding the
<br />foregoing, (i) LESSEE shall be responsible for and shall pay all costs of repairs and replacements which
<br />are required to be made to repair or correct damage to the Leased Premises or the Outdoor Area caused
<br />by the negligence or wrongful acts of LESSEE or LESSEE's employees, contractors, agents, invitees,
<br />or customers; and (ii) LESSEE shall be responsible for and shall pay all costs of repairs and replacements
<br />which are required to be made to repair or correct damage to the Common Areas caused by the
<br />negligence or wrongful acts of LESSEE or LESSEE's employees, agents, or contractors.
<br />LEASE AGREEMENT - CREMA DOWNTOWN CORP. Page 13 of 36
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