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<br />that, subject to the provisions set forth in this Partial Stipulated Order of Taking, Gold Club's <br /> <br />possession of the Leased Premises shall be in accordance with the same terms and conditions under <br /> <br />that certain Lease Agreement, by and between W-Z Sunny Isles Partnership and The Gold Club, <br /> <br />Inc., dated December 20, 2005. Defendant, Gold Club understands and agrees that the permitted <br /> <br />use of the Lease Premises during the Extended Possession Period shall only be for the purpose of a <br /> <br />Night Club (the "Permitted Current Use"). <br /> <br />(1i) Rent and Other Payments. During said Extended Possession Period, Gold <br /> <br />Club shall not be obligated to pay rent or applicable sales taxes that may be assessed by the <br /> <br />Petitioner. Notwithstanding, the foregoing, Defendant, Gold Club understands and agrees during <br /> <br />the Extended Possession Period, it shall be required to pay its pro-rata share of applicable real estate <br /> <br />taxes and public liability insurance ($500,000/$1,000,000.00), and utilities, including gas, electricity, <br /> <br />water and sewage used on the Leased Premises. <br /> <br />(ill) Leased Premises "As Is" Condition. Defendant, Gold Club hereby accepts <br /> <br />the Leased Premises in the condition they are in at the beginning of the Extended Possession Period <br /> <br />and agrees to maintain said Lease Premises in the same condition, order and repair, excepting only <br /> <br />reasonable wear and costs arising from the use of the Lease Premises for the Permitted Use. <br /> <br />(tv) Surrender of Lease Premises. Defendant, Gold Club further understands <br /> <br />and agrees that immediately upon the expiration of the Extended Possession Period, and absent the <br /> <br />prior written consent of Petitioner, it shall forthwith, without notice or other action of Petitioner or <br /> <br />court order, peaceably surrender complete possession of the Lease Premises to Petitioner. . <br /> <br />(v) Prohibition on Assignment. Subletting or Pledging. Defendant, Gold Club <br /> <br />hereby understands and agrees that it shall not assign, transfer, pledge, sublet or otherwise encumber <br /> <br />the Leased Premises during the Extended Possession Period without the express written consent of <br /> <br />4 of 13 <br /> <br />FLDOCS 5503460 2 <br />1/23/10 12:36 PM <br />