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<br />or for the payment of any monetary obligation to Tenant. The proviSion contained in the foregoing <br />senlence is nOl intended to, and shall nOl, Imut an)' right lhJl Tenan( might olherwise have 10 obtain <br />injunclive relief againsl Landlord or Landlord's successors in interest, or any action nOt involving <br />the personal liability of Landlord (original or successor). FURTHERMORE, EXCEPT AS <br />OTHERWISE EXPRESSLY PROVIDED HEREIN. IN NO EVENT SHALL LANDLORD <br />(ORlGINAL OR SUCCESSOR) EVER BE LIABLE TO TENANT FOR ANY INDIRECT, <br />SPECIAL OR CONSEQUENTIAL DAMAGES, LOST PROmS, LOST REVENUES, LOSS OF <br />USE, OR PUNITIVE DAMAGES SUFFERED BY TEN ANT FROM \VHA TEVER CA USE, EVEN <br />IF THE LANDLORD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. <br /> <br />53. Time of Essence. Time is of the essence with respect to the performance of aJl <br />obligations to be performed or observed by the par1ies under this Lease. <br /> <br />54. WAIVER OF JURY TRIAL. IT 15 MUTUALLY AGREED BY AND <br />BEDVEEN LANDLORD AND TEN t\NT THA T THE RESPECTIVE PARTIES HERETO SHALL <br />AND THEY HEREBY DO W ArvE TRIAL BY JURY IN ANY ACTION, PROCEEDING OR <br />COUNTERCLAIM BROUGHT BY EITHER OF THE PARTlES HERETO AGAINST THE <br />OTHER ON ANY MATTERS ARISING OUT OF OR IN A..~Y WAY CONNECTED WITH TIllS <br />LEASE, THE RELATIONSHrP OF LANDLORD AND TENANT, AND TENANT'S USE OR <br />OCCUPANCY OF THE PREMISES. <br /> <br />55. Guaranty of Lease. Upon execution of this Lease, Republic Industries, Inc., a <br />Delaware corporation (the "Guarantor") shall execute and deliver to Landlord a Guaranty (the <br />"Guaranty") in form and substance as appears on Exhibit "0" auached hereto and made a part <br />hereof. <br /> <br />56. Radon Gas Disclosure. Radon is a naturally occurring radioactive gas that when <br />it has accumulated in a building in sufficient quantities may present health risks to persons who are <br />exposed to it over time. Levels of radon that exceed federal and state guidelines have been found <br />in buildings in Florida Additional information regJrding radon and radon testing may be obtained <br />from the county public health unit. The foregoing disclosure is provided to comply with any and all <br />regulatIons, laws, statute and ordinances which may affect the Premises. <br /> <br />57. Triple Net Lease. This is a triple net lease and except as specifically set forth in <br />this Lease, Landlord shall not be required to provide, or pay for any services or do any act or thing <br />with respect to the Premises or the appurtenances thereto, and the Rent and all other'monies required <br />to be paid by Tenant pursuant to this Lease shall be paid to Landlord without any claim on the part <br />of Tenant for diminution, setoff, or abatement whatsoever, and nothing shall suspend, abate or <br />reduce any Rent to be paid under this Lease. <br /> <br />58. Riehl of First Refusal. If during the Teon of this Lease Landlord shall have <br />received a bona fide ann's length offer to sell the Premises which IS acceptable to Landlord in its sole <br />and absolute discretion (the "Offer") from any third par1y (the "Transferee"), Landlord shall send a <br /> <br />~1~95JOIl712~g..1 <br /> <br />30 <br /> <br />S~B <br />