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<br />water and sewage used on the Leased Premises. <br /> <br />(ill) Leased Premises "As Is" Condition. Defendant, LKD, Inc., 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 />~v) Surrender of Lease Premises. Defendant, LKD, Inc., 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, LKD, Inc., <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 />Petitioner, which consent shall be at Petitioner's sole and exclusive discretion. <br /> <br />(vi) Time is of Essence. Time is of the essence in the performance of all the <br /> <br />terms and conditions set forth herein. <br /> <br />(vii) Liability and Indemnification. Petitioner shall not be liable to LKD, Inc., or <br /> <br />its employees, agents, patrons or visitors, or to any other person whomsoever, for any injury to <br /> <br />person or damage to property on or about the Lease Premises, resulting from and/or caused in part <br /> <br />or whole by LKD, Inc.'s negligence or misconduct or by the negligence or misconduct of its agents, <br /> <br />servants or employees or any other person entering upon the Lease Premises, or caused by the <br /> <br />buildings and improvements located on the Lease Premises becoming out of repair:, or caused by <br /> <br />leakage of gas, oil, water or steam or by electricity emanating from the Leased Premises, or due to <br /> <br />the existence of mold or mildew, or due to any cause whatsoever other than the intentional acts of <br /> <br />7 of 13 <br /> <br />FLDOCS 5503460 2 <br />1/23/1012:36 PM <br />