|
<br />nRIInr ...... "'AY
<br />
<br />0liI08
<br />PIIQe 2 of ,
<br />shall bear interest at the highest rate allowed by law from the due date thereof. This provision shall not obligate Lessor to accept late
<br />rent payments or provide Lessee a grace period,
<br />
<br />4. ImDrovements. No structures or improvements of any kind shall be placed upon the property without the prior written
<br />approval of the District Secretary for District ~ of Lessor. Any such structUI'86 or improvements shall be
<br />constructed in a good and workmanlike manner at Lessee's sole cost and expense. Subject to any landlord lien, any structures or
<br />improvements constructed by Lessee shall be removed by Lessee, at Lessee's sole ClOSt and expense, by midni~t on the clay of
<br />tennination of this Lease and the leased property restored as nearly as practical to its condition at the time this Lease is executed.
<br />Portable or temporary advertising signs are prohibited.
<br />
<br />Lessee shall perfonn, at the sole expense of Lessee, all work required in the preparation of , the leased property for 00Clp8I'lCy by
<br />Lessee, in the absence of any special provision herein contained to the contrary; and Lessee dOes hereby accept the leased property
<br />as now being in fit and tenantable condition for all purposes of Lessee.
<br />
<br />Lessor reserves the right to inspect the property and to require whatever adjustment to structures or improvementS as Lessor, in its
<br />sole discrvtion, deems necessary, Any adjustrrients shall be dOne at leSsee's sole cost and expense.
<br />
<br />5. Maint~. Lessee shall keep and maintain the leased property and any building or other structure, now or hereafter erected
<br />thereon, in good and safe condition and repair at Lessee's 0'Nl'l expense during the existence of this Lease, and shaH keep the same
<br />free and clear of any and all grass, weeds, brush, and debris of any kind, so as to prevent the same from becoming dangerous,
<br />inflammable, or objectionable. Lessor shall have no duty to inspect or maintain any of the leased property or buildings, and other
<br />structures thereon, during the term of this Lease; however, Lessor shall have the ri~t, upon twenty-four (24) hours notice to Lessee,
<br />to enter the leased property for purposes of inspection, including conducting an environmental assessment. Such assessment may
<br />include: surveying; sampling of building materials, soil, and grotl'ldwater; monitoring well instaJlations; soil excavation; groundwater
<br />remediation; emergency asbestos abatement; operation and maintenance inspections; and, any other actions which may be
<br />reasonable and necessary. Lessor's right of entry shall not obligate inspection of the property by Lessor, nor shall it relieve the
<br />Lessee of its duty to maintain the leased property. In the event of emergency due to . release or suspected release of hazardous
<br />waste on the property, Lessor shall have the rig,t of immediate inspection, and the righ~ but not the obligation, to engage in remecial
<br />action, without notice, the sole ClOSt and expense of which shall be the responsibility of the Lessee,
<br />
<br />6. Indemnification. To the extent provided by law, Lessee shall indemnify, defend, and hold hannless the Lessor and all of its
<br />officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or
<br />negligent act by Lessee, its agents, or employees, during the performance of the Lease, except that neither Lessee, its officers,
<br />agents, or employees will be liable under this paragraph for any claim, loss, damage, cost, charge, or expense arising out of any act,
<br />error, omission, or negligent act by the Lessor or any of its officers, agents, or employees during the perfonnance of the Lease,
<br />
<br />When the Lessor receives a notice of claim for damages that may have been caused by Lessee, the Lessor will immediately
<br />forward the claim to Lessee, Lessee and the Lessor will evaluate the claim and report their findings to each other within fourteen (14)
<br />working days and will jointly discuss options in defending the claim. After reviewing the claim, the Lessor will detennine whether to
<br />require the participation of Lessee in the defense of the claim or to require that Lessee defend the Lessor in such claim as described
<br />in this section. The Lessor's failure to promptly notify Lessee of a claim shall not act as a waiver of any right herein to require the
<br />participation in or defense of the claim by Lessee, The Lessor and Lessee will each pay its own expenses for the evaluation,
<br />settlement negotiations, and trial, if any,
<br />
<br />7. Insurance. Lessee at its expense, shall maintain at all times during the term of this Lease, public liability insurance protecting
<br />Lessor and Lessee against any and all claims for injury and damage to persons and property, and for the loss of life or property
<br />occurring in, on, or about the property arising out of the act, negligence, omission, nonfeasance, or malfeasance of Lessee, its
<br />employees, agents, contractors, customers, licensees, and invitees, Such insurance shall be carried in a minimum amount of not less
<br />than ONE MIWON ($ 1,000,000.00 ) for bodily iniury or death to any one person or any number
<br />of persons in anyone occurrence and not less than ONE MIWON ($ 1.000.000 00 )
<br />for property damage, or a combined coverage of not less than ONE MILLION ($ 1,000,000.00 ).
<br />All such policies shall be issued by companies licensed to dO business in the State of Florida and all such policies shall oontain a
<br />provision whereby the same cannot be canceled or modified unless Lessor is given at least sixty (60) days prior written notice of such
<br />cancellation or modification, Lessee shall provide Lessor certificates showing such insurance to be in place and showing Lessor
<br />as additional named insured under the policies. If self-insured or under a risk management program, Lessee represents that such
<br />minimum coverage for liability will be provided for the leased property.
<br />
|