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<br />. imposed upon Lessor or its mortgagees in connection with or arising out of (i) Lessee's breach of the covenants and obligations
<br />under this Section 18; or (n) the existence, use, storage, disposition, treatment or removal of any Hazardous or Toxic Substance
<br />in, upon or under the Demised Premises, or the adjoining lands. In no event shall the treatment or removal of Hazardous or
<br />Toxic Substances within the Demised Premises, or the adjoining lands constitute an eviction of Lessee, in whole or in part.
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<br />1. Each party shall also pay all costs, expenses and reasonable attorney's fees that may be ineurred or paid by
<br />the other party in enforcing the terms of this Lease.
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<br />Notwithstanding anything contained in this Section 18, Lessor shall not be relieved of any liability for occurrenees
<br />resulting from the willful or negligent acts or omissions of the Lessor or resulting from the LessoI's failure to comply with its
<br />responsibilities under this Lease.
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<br />The provisions of this Section 18 shall survive the termination of the Lease.
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<br />19. INSURANCE:
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<br />Lessee agrees to secure and keep in full force and effect from and after the date Lessor delivers possession of
<br />the Demised Premises to Lessee and throughout the tcnn of this Lease at Lessee's sole cost and expense (with coverage to
<br />eommence at the time Lessee takes possession of the Demised Premises, or at the commencement of the term of this Lease,
<br />whichever occurs earlier):
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<br />(a) Fire insurance with All-Risk coverage (and with vandalism and malicious mischief endorsements and
<br />special extended coverage) in an amount adequate to cover the full cost of replacement of all buildings and improvements in
<br />or upon the Demised Premises and adequate to cover the full cost of replacement of all fixtures, equipment and contents in the
<br />Demised Premises;
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<br />(b) Comprehensive general liability insurance on an occum:nce basis with combined minimum single limits
<br />of liability in an amount of Three Million and No/I 00 ($3,000,000.00) Dollars, and Five Hundred Thousand ($500,000.00)
<br />Dollars with respect to damage to property; and
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<br />(c) In the event Lessee fails to obtain or maintain the insurance required hereunder, Lessor may, at its option,
<br />obtain same and any costs incurred by Lessor in connection therewith shall be deemed additional rent to be paid by Lessee and
<br />payable as such; and
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<br />(d) If the Lease be cancelled for the Lessee's default at any time while there remains outstanding any
<br />obligation from any insurance company to pay for damage or any part thereof, then the claim against the insurance company
<br />shall, upon the cancellation of the within Lease, be deemed immediately to be and become the absolute and unconditional
<br />property of the Lessor.
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<br />20. INSURED'S WAIVER, NOTICE:
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<br />Any insurance procured by Lessee as herein required shall be issued in the name of Lessor. Lessor's
<br />mortgagees, and Lessee by a reputable and responsible company satisfactory to Lessor and licensed to do business in the State
<br />of Florida and shall contain endorsements that
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<br />(a) such insurance may not be cancelled or amended with respect to Lessor without thirty (30) days written
<br />notice by registered mail to Lessor by the insurance company;
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<br />(b) Lessee shall be solely responsible for payment of premiums and Lessor shall not be required to pay any
<br />premiums for such insurance.
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<br />(c) Any insurance herein required to be procured by Lessee shall contain an express waiver of any right of
<br />subrogation by the insurance company against Lessor within ten (10) days of issuance of such policy by the insuranee eompany.
<br />The minimum limits of any insurance eoverage required herein shall not limit Lessee's liability under this Lease, including
<br />without limitation Section 18 hereof.
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<br />21. BANKRUPTCY. ASSIGNMENT. RECEIVERSHIP AND INSOLVENCY:
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<br />A Lessee agrees that the continued oecupancy of the Demised Premises in the manner and upon the terms
<br />set forth in this lease are of a special importance to the commercial viability of the Demised Premises and, accordingly, agrees
<br />that in the event this lease is not cancelled and terminated as set forth in subSection (B) below following the occurrence of any
<br />of the contingencies therein described, then Lessee, and the trustee in bankruptcy or other representative of Lessee, or, in the
<br />event of an assignment, Lessee's assignee, shall, prior to the assumption of this lease by such representative or trustee or
<br />assignee, provide adequate assurance to Lessor. (i) of the source of rents and other consideration payable under this lease; (ii)
<br />that assumption or assignment of this lease will not breach substantially any provision in any other lease, financing agreement,
<br />or master agreement relating to the Demised Premises; (ill) of the continued use of the Demised Premises in accordance with
<br />the Permitted Use only; (iv) that the quality of goods to be sold in the Demised Premises will not decline; (v) that Lessee's
<br />suppliers of merchandise or goods for sale in the Demised Premises are willing to continue to furnish such merchandise and
<br />goods as are of the same quality and caliber as theretofore sold in the Demised Premises; (VI) of the source of funds necessary
<br />to pay for Lessee's merchandise and goods to be sold in the Demised Premises, all on a current basis; and (vii) of such other
<br />matters as Lessor may reasonably require at the time of such assumption or assignment. Lessee agrees that the furnishing of
<br />assurances in accordance with the foregoing or as may be directed by a court of competent jurisdiction shall not be deemed to
<br />waive any of the covenants or obligations ofLessce set forth in this lease. In the event that any person assuming this lease or
<br />taking the same by assigoment shal1 desire to make alterations to the Demised Premises, Lessor may further require adequate
<br />assurance, by lien and completion bond, cash deposit or such other means as Lessor may approve, of the source of payment for
<br />the estimated cost of any work to be performed in connection therewith, and Lessor may require the delivery prior to the
<br />commencement thereof of waivers of lien from all contractors, subcontractors, laborers or material suppliers engaged 10 perform
<br />such alterations or to supply materials therefor. Notwithstanding the foregoing, such alterations shall be subject in all respects
<br />to the rights and obligations of Lessor and Lessee hereunder relating to such alterations.
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