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<br />Lessor: <br /> <br />Lessee: <br /> <br />The Komfort Zone, LTD <br />2751 South Ocean Drive <br />Suite 606-S <br />Hollywood, Florida 33019 <br />Cell: 954-445- 7950 <br />Ph. 954-923-7270 <br />Fax 954-921-1279 <br />Attn. A.J. Mitchell <br /> <br />City of Sunny Isles Beach <br />18070 Collins Avenue <br />Sunny Isles Beach, Florida <br />Ph. 305-792-1706 <br />Fax 305-792-1566 <br />Attn. Sylvia Flores <br /> <br />Either party may change such addresses from time to time by providing notice as set forth <br />above. <br /> <br />21. ENTIRE AGREEMENT: This Agreement constitutes the entire agreement between <br />the Parties and supersedes any prior undcrstanding or representation of any kind <br />preceding the date of this Agreement. There are no other promises, conditions, <br />understandings or other agreements, whether oral or written, relating to the subject matter <br />of this Agreement. This Agreement may be modified in writing and must be signed by <br />both Lessor and Lessee. <br /> <br />22. CUMULATIVE RIGHTS: Lessor's and Lessee's rights under this Agreement are <br />cumulative, and shall not be construed as exclusive of each other unless otherwise <br />rcquired by law. <br /> <br />23. WAIVER: The failure of either party to enforce any provisions of this Agreement <br />shall not be deemed a waiver or limitation of that party's right to subsequently enforce <br />and compel strict compliance with every provision of this Agreement. The acceptance of <br />rent by Lessor does not waive Lessor's right to enforce any provisions of this Agreement. <br /> <br />24. INDEMNIFICATION: Except for damages, claims or losses due to Lessor's acts or <br />negligence, Lessee, to thc extent permitted by law, will indemnify and hold Lessor and <br />Lessor's property, free and harmless from any liability for losses, claims, injury to or <br />death of any person, including Lessee, or for damage to property arising from Lessee <br />using and possessing the Equipment or from the acts or omissions of any person or <br />persons, including Lessee, using or possessing the Equipment with Lessee's express or <br />implied consent. <br /> <br />25. ADDITIONAL TERMS & CONDITIONS: Lessor shall provide pump-out <br />services at a flat rate of One Hundred and Seventy-Five Dollars ($175.00) per <br />occurrence, as needed to avoid unsightly and unsanitary conditions or whenever fowl <br />odor is detected from the units, but no less than on a monthly basis. Notwithstanding, <br />whenever City requcsts pump-out services, Lessor shall provide such services within 24 <br />hours of City's request. Lessee will provide electrical connection/service and water <br />connection/service for the units during the term of the lease. <br /> <br />Equipment Lease Agreement <br /> <br />4 S\\) <br />