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<br />TWENTY-SIXTH: HAZARDOUS MATERIALS: Hazardous materials, as defined in Chapter 24 of <br />1I1C Code of Metropolitan Dade County, shall not be used, generated, handled, disposed of, discharged or stored on the <br />Leased Premises. The requirements of this section may be enforced by preliminary and permanent, prohibitory and <br />mandatory Injunctions as well as otherwise provided by law or ordinance, Lessee hereby indemnifies and holds <br />harmless the Lessor against all claims, causes of action, liability or loss, including reasonable attorneys fees and costs <br />on the trial and appellate level, arising out of a violation by the Lessee of this provision. In the event the Leased <br />Premises is located within the Boundaries of Da'de County, Florida the Director of the Environmental Resources and <br />Management of Metropolitan Dade County, Florida may also enforce the requirements of this provision. <br /> <br />TWENTY-SEVENTH: CORPORATE STATUS: Lessee represents that any business organization <br />status that it may purport to have, either at the time of the execution of this, lease or thereafter, shall be maintaine,j in <br />any and all lawful form. In the event Lessee 'possesses corporate status, Lessee shall maintain such corporate status <br />as active and current v.:ith the appropriate state authorities and in the event Lessee fails to maintain such status, Lessor <br />shall have the express authorization, at its sole option, to declare this lease in default or cancel this lease. <br /> <br />TWENTY EIGHTH: REPRESENTATIONSIWARRANTIES: If Lessee is a business organization or <br />operates under any other business form, other than an individual sole proprietor, Lessee's authorized representatives <br />represent and warrant, and it is acknowledged that Lessor is relying thereon, that the business form used by Lessee, <br />whether corporate or otherwise, is a duly registered and bona fide business form, that all necessary filing of documents <br />have been !lied with all appropriate governmental agencies, that its business form shall be properly and duly <br />mamtalned throughout the entire leasehold relationship, and that Lessee has sufficient working capital to meet any and <br />all rental obligations that are expected and/or anticipated under the terms of this lease for a period of not less than <br />twelve months. Each of Lessee's authorized representatives, by and through any agent executing this lease, further <br />acknowledge that in the event the above-stated warranties shall fail to be true for any reason whatsoever, Lessor shall <br />be entitled to seek any and all rental obligations that are not timely fulfilled by the Lessee from each of Lessee's <br />authorized representatives, which shall be the joint and several obligation of each and every individual that is or serves <br />as an agent, partner, director, officer or otherwise, whether or not a separate and individual personal guaranty is <br />executed by each and every individual. It is also expressly agreed and understood that in the event of a breach of <br />warranty, Lessor's remedies against each and every authorized representative so warranting shall include, but shall n~t <br />be limited to, all rental obligations, operating expenses and damages arising therefrom. Moreover, if Lessee fails to <br />deliver to Lessor proof or evidence that the above-stated warranties are true at the time of the signing of this lease, <br />then every individual who serves as an agent, partner, director, officer or otherwise shall be personally liable throughout <br />the entire leasehold relationship. In addition, if the corporation signing the lease has no additional assets besides what <br />is contained in the leased premises, and there is no personal guarantee executed in conjunction with the lease, in the <br />event of a default of the lease agreement, after written notice of the default has been served upon the Lessee, Lessor <br />will be granted immediate permission to recapture the leased premises and change all locks to mitigate any further <br />damages. Lessee agrees not to take any legal action against Lessor in order to stop this action. The purpose of this <br />language is to eliminate Corporation without assets to commit fraud and deferring eviction proceedings in bad faith <br />Without any liability. <br /> <br />TWENTY-NINTH: WAIVER OF JURY TRIAL: Lessor and Lessee hereunder hereby knowingly, <br />voluntarily and intentionally waive any right that any party may have to a trial by jury in respect to any litigation based <br />hereon, arising out of, or related hereto, whether under or in connection with this lease or any agreement contemplated <br />to be executed in conjunction herewith, or any course of conduct, course of dealing, statements (whether verbal or <br />written) or actions of either party. <br /> <br />THIRTIETH: SUBORDINATION: Lessor and Lessee hereby agree that this lease shall be subject <br />and subordinate to any and all mortgages, deeds of trust and other instruments in the nature of a mortgage, now or at <br />any time hereafter, a lien or liens placed on the property of which the leased premises are a part and the Lessee shall, <br />when requested, promptly execute and deliver such written instruments that shall be necessary to show the <br />subordination of this lease to said mortgages, deeds of trust or such other instruments in the nature of a mortgage. <br /> <br />THIRTY-FIRST: FINANCING AGREEMENTS: Lessee shall not enter into, execute or deliver any <br />financing agreement that can be considered as a priority to any mortgage or deed of trust that Lessor may have placed, <br />or places in the future, upon the leased premises. <br /> <br />. THIRTY-SECOND: MECHANIC'S LIENS: Lessee shall not permit any mechanic's liens, or similar <br />liens, to remain upon the leased premises for labor and materials furnished to Lessee or claimed to have been <br />fucnished to Lessee in connection with work of any character performed or claimed to have been performed at the <br />direction of Lessee and shall cause such lien to be released of record forthwith without cost to Lessor. Lessor mal', at <br />its option, demand that Lessee put up a payment and/or performance bond to protect the interest of the Lessor. <br />Lessee will indemnify and hold harmless Lessor from any or all claims arising out of a mechanic's lien or similar liens <br />due to Lessee. - <br /> <br />'- <br /> <br />THIRTY-THIRD: EMINENT DOMAIN AND NATURAL DISASTER: In the event the premises, or a <br />substantial portion thereof is taken by any condemnation or eminent domain proceeding where by the same is rendered <br />untenantable the parties hereto shall have the right to cancel this lease agreement without further liability on the part of <br />the Lessor or Lessee. However, Lessee shall assign to Lessor the totality of any award or payment on account of any <br />taking by condemnation. If the leased property is totally or partially destroyed or damaged as a result of a casualty, <br />disaster or hazard, Lessor may, at its sole option, terminate this lease by giving Lessee 30 days' written notice to this <br />effect and Lessor shall have no obligation to rebuild. Except as otherwise provided herein, this lease shall not <br />terminate or be affected in any manner, and Lessee shall pay the rental provided for in this lease. Notwithstanding <br />anything to the contrary contained herein, Lessee shall be required to pay all rent and operating expenses during any <br />period in which the premises are rendered untenantable, either from their own source of funds or through their business <br />interruption coverage which Lessee is required to carry under clause 24 of this lease agreement. <br /> <br />THIRTY-FOURTH: LATE CHARGES: Lessor shall have the right to collect one percent (1%) of the <br />current monthly base rent per day for each day rent is delinquent beyond the 7th day of the month. Any money due <br />under this section shall be considered as additional rent. <br /> <br />4 <br />