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<br />SIXTEENTH, ACCORD AND SATISFACTION: No payment by Lessee, or receipt by Lessor, of a
<br />r"''''1 a/nollnt lI18n tire monthly rent herein stipulated shall be deemed to be other than on account of the earliest
<br />stIpulated rent, nor shall any endorsement or statement or any check or any letter accompanying any check or payment
<br />as rent be deemed an accord and satisfaction, and Lessor may accept such check or payment without prejudice to
<br />Lessor's light to recover the balance of such rent or pursue any other remedy provided herein or by law.
<br />
<br />. SEVENTEENTH: USE AND RETURN OF SECURITY DEPOSIT: In the event of the failure of
<br />Lessee to keep and perform any of the terms, covenants and conditions of this lease to be kept and performed by
<br />Lessee, then the Lessor at its option may, appropriate and apply said entire deposit, or so much thereof as may be
<br />necessary, to compensate the Lessor for all loss or damage sustained or suffered by Lessor due to such breach on the
<br />part of Lessee. Should Lessee comply with all of said terms, covenants and conditions and promptly pay all of the
<br />rental herein provided for as it falls due, and all other sums payable by Lessee to Lessor hereunder, the said deposit
<br />shall be returned in full, without interest, to Lessee at the end of the term of this lease, provided the leased premises
<br />are returned to the Lessor in good condition, with all fixtures remaining, reasonable wear accepted,
<br />
<br />EIGHTEENTH: BINDING TERMS: This contract shall bind the Lessor and its assigns or
<br />successors, and the heirs, assigns, personal representatives, or successors as the case may be, of the Lessee.
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<br />NINETEENTH: TIME OF ESSENCE: It is understood and agreed between the parties hereto that
<br />time is of the essence of this contract and this applies to all terms and conditions contained herein.
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<br />TWENTIETH: NOTICE: It is understood and agreed between the parties hereto that written nctice
<br />mailed, faxed or delivered to the premises 'Ieased hereunder - shall constitute sufficient notice to the Lessee upon
<br />mailing, transmission or delivery. Written notice mailed via certified mail, return receipt requested, or delivered to the
<br />office of the Lessor shall constitute sufficient notice to the Lessor upon receipt, to comply with the terms of thi~
<br />contract.
<br />TWENTY -FIRST: NUISANCE: Tenant shall not commit any waste upon the leased premises or any
<br />nUisance or other act or thing which may disturb the quiet enjoyment of any other Tenant at the Shopping Center, Q.r
<br />which may adversely affect Lessor's fee interest in the Leased Premises or in the Shopping Center. No loudspeakers,
<br />phonographs, machinery, mechanical apparatus, or other devices shall be used or allowed to operate in a manner so
<br />as to be heard or seen outside of the leased premises without the prior written consent of the Lessor.
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<br />TWENTY-SECOND: LESSOR'S RIGHTS: The rights of the Lessor under this lease shall be
<br />cumulative, and failure on the part of the Lessor to exercise promptly any rights given hereunder shall not operate as a
<br />waiver of any of Lessor's rights.
<br />
<br />TWENTY-THIRD: OPERATING EXPENSES: Lessee shall pay to the Lessor as additional rent
<br />Twenty-Eiqht & One Sixth % of operating expenses incurred during the term of this lease, Operating
<br />( 28 . 6) expenses include, but are not limited to: real estate taxes, all common area maintenance, Lessor's fire and extended
<br />coverage and public liability insurance, special assessments, aPplicable charges for all utilities, water and sewer, and
<br />management of the property. Payments for said additional rent shall be made monthly, based .on the previous year's
<br />total operating expenses, which amount will be adjusted imnua.lly.
<br />
<br />TWENTY-FOURTH, INSURANCE: The Lessee shall maintain with respect to the leased premises
<br />and the property of which the leased premises are a part, commercial general liability insurance in amounts of not less
<br />than the following limits:
<br />General aggregate limit (otlier than products-completed operations) - $500,000,
<br />Products-completed operations aggregate limit - $500,000,
<br />Personal and advertising injury limit - $500,000,
<br />Each occurrence limit - $500,000
<br />Fire damage limit - $100,000 anyone fire,
<br />Medical expense limit - $5,000 anyone person,
<br />Plate glass coverage - in amounts sufficient to cover replacement of any and all plate glass in the
<br />
<br />leased premises;
<br />'- With responsible companies qualified to do business in the State of Florida who are well rated by a
<br />recognrzed national rating organization of not less than AAA therein insuring the Lessor as well as Lessee against
<br />injury to persons or damage to property as provided. In addition to the above referenced insurance coverage, Lessee
<br />shall be required to maintain property coverage in the amount of $250,000 (which must include business interruption
<br />coverage, which includes payment of all rent and operating expenses to Lessor) or a sufficient amount to provide for
<br />the replacement of all furniture, fixtures, and equipment in the lease premises, plus all improvements completed in the
<br />leased premises, including Lessor's tenant improvement work.
<br />The Lessee shall deposit with th1! -Lessor certificates for such insurance at or prior to the
<br />commencement of the term, and thereafter within thirty (30) days prior to the expiration of any such policies. All such
<br />insurance certificates shall provide that such policies shall not be canceled without at least ten (10) days prior written
<br />notice to each insured name therein including Lessor. The Lessor must be named as additional insured on any
<br />insurance policy. Insurance must be in force at the commencement of the term of this lease, Failure to comply with
<br />this provision will be considered a violation of this lease and Lessor may, at its sole option, terminate this lease
<br />agreement immediately. The Lessee shall not permit any use of the leased premises that will make voidable any
<br />ins\lrance on the property of which the leased premises are a part, or on the contents of said property_ The Lessee
<br />shall on demand reimburse the Lessor, and other Tenants, all extra insurance premiums caused by the Lessee's use of
<br />the premises.
<br />
<br />TWENTY-FIFTH: ADDITIONAL RENT: It is understood and agreed between the parties hereto that
<br />any charges against the Lessee by the Lessor lor services or for work done on the premises by order of tlie Lessee or
<br />othelWise accruing under this contract shall be considered as rent due and shall be included in any lien for rent due and'
<br />unpaid,
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