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<br />notVvithstanding whether such rights, powers and remedies arise by vinue of non-payment of any <br />indebtedness, liability and obligations, or otherwise, shall be cumulative and not alternative; and <br />such rights powers and remedies shaJJ be in addition to all ofLandJord's rights, powers and remedies <br />provided by law. <br /> <br />12. The obligations of Guarantor hereunder are primary and independent of the <br />obligations of Tenant. Landlord is authorized and empowered to proceed against Guarantor without <br />joining any other party. Guarantor may be sued separately without first or contemporaneously suing <br />any other party. <br /> <br />13. This Guaranty, wherever the context so requires, the neuter gender includes the <br />masculine and/or feminine gender, the singular numbers includes the plural, and the plural numbers <br />include the singular. <br /> <br />14. Guarantor agrees to pay all costs and expenses which may be incurred by the <br />Landlord its successors and assigns in the collection of this Guaranty or otherwise relating to this <br />Guaranty, including, but not limited to, reasonable attorneys' fees, whether suit is brought or not, and <br />if suit is brought, at the trial and all appellate levels. <br /> <br />15. Guarantor acknowledges receipt of good, valuable and sufficient consideration for <br />its making of this Guaranty and subjects its separate property to this Guaranty and hereby expressly <br />agrees that recourse may be had against such separate property for all of its obligations hereunder. <br />The Guarantor does further agree that any and all of such separate property shall be subject to <br />execution for any judgment or decree on or enforcing this Guaranty by a court of competent <br />jurisdiction against the Guarantor. Guarantor agrees that any property held by Guarantor as tenants <br />in common or joint tenants with right of survivorship shall also be subject to enforcement of this <br />Guaranty, and the undersigned waives any exemption under the constitution and laws of each <br />jurisdiction where any such separate property or other property is located. <br /> <br />16, Guarantor shall not assert any right to which it may be or become entitled, whether <br />by subrogation, contribution or otherwise, against the Tenant or against any of its respective <br />properties, by reason Of the performance by the Guarantor of its obligations under this Guaranty <br />unless and until each and every indebtedness, liability and obligation of the Tenant to the Landlord <br />in connection with the Lease shall have been fully paid and discharged. <br /> <br />17. Guarantor hereby represents and wan'ants that this Guaranty con~titutes the legal, <br />valid and binding obligations of Guarantor, enforceable against it, its successors and assigns in <br />accordance with its terms. <br /> <br />18. Landlord and Guarantor agree that any litigation, action or dispute in connection with <br />this Guaranty shall be adjudicated in the courts in the State of Florida, be it in the Circuit Courts of <br />the State ("Florida State Courts") or in the Federal Courts in Florida ("Florida Federal Courts"). <br /> <br />EXHIBIT "D" <br />Page 4 of7 <br /> <br />S! B' <br />