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EXECUTION COPY pandemic, governmental shutdowns or closures, failure of power, riot, insurrection, war or other reason of a like nature not the fault of the party delayed in performing work or doing acts required under the terms of this Lease, then performance of such act shall be excused for a period equivalent to the period of such delay. The provisions of this Section shall not operate to excuse LESSEE from prompt payment of fixed monthly Base Rent, Additional Rent or any other payment required by the terms of this Lease. 37. SOVEREIGN IMMUNITY. Nothing contained in this Lease is intended to nor shall it be construed as a waiver by LESSOR of any protections under sovereign immunity, Section 768.28, Florida Statutes, or any other similar provision of law. LESSOR, being a municipal entity and state subdivision, as referenced in Section 768.28, Florida Statutes, agrees to be responsible to the limits set forth in such statute for its own negligent acts or intentional tortious actions, which result in claims or suits against either party, and agrees to be liable only to such to the statutory limits, whether applicable or not, for any damages proximately caused by said acts or omission, or intentional tortious acts. 38. CONDEMNATION. LESSEE waives any claim of loss or damage, and any right or claim to any part of an award that results from the exercise of eminent domain power of any governmental body, regardless of whether the loss or damage arise because of condemnation of all or part of the Leased Premises. If any eminent domain power that is exercised interferes with LESSEE's use of the Leased Premises, the Rents under this Lease will be proportionately abated. If a partial taking or condemnation renders the Leased Premises unsuitable for LESSEE's purposes under this Lease, the Term will cease as of the date the condemning authority requires possession. If an eminent domain power is exercised, LESSEE has no claim against LESSOR for the value of an unexpired term of this Lease. 39. CAPTIONS. The captions and headings herein are for convenience and reference only and should not be used in interpreting any provision of this Lease. 40. APPLICABLE LAW. This Lease shall be governed by and construed under the laws of the State of Florida. The venue for any action relating to the construction, interpretation, or enforcement of this Lease shall be in the state courts of Miami -Dade County, Florida. If any provision of this Lease, or portion thereof, or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Lease shall not be affected thereby, and each provision of this Lease shall be valid and enforceable to the fullest extent permitted by law. Time is of the essence in this Lease. 41. SUCCESSORS. This Lease and the covenants and conditions herein contained shall inure to the benefit of and be binding upon LESSOR, its successors, and assigns; and shall be binding upon LESSEE, its heirs, executors, administrators, successors, and assigns; and shall inure to the benefit of LESSEE and only such assigns of LESSEE to whom the assignment by LESSEE has been consented to by LESSOR. 42. RECORDS. Each party shall maintain its own respective records and documents associated with this Lease in accordance with the records retention requirements applicable to public records, as applicable. Each party shall be responsible for compliance with any public documents request served upon it pursuant to Chapter 119, Florida Statutes, to the extent Chapter 119 may be applicable to that entity. IF THE LESSEE HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE LESSEE'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS LEASE, CONTACT THE CUSTODIAN OF PUBLIC RECORDS LEASE AGREEMENT - CREMA DOWNTOWN CORP. Page 28 of 36