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<br />575-060-33
<br />RIGHT OF WAY
<br />OGC - 06109
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<br />shall bear interest at the highest rate allowed by law from the due date thereof, per Section 55.03(1), Florida Statutes. This provision
<br />shall not obligate Lessor to accept late rent payments or provide Lessee a grace period.
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<br />4. Improvements, No structures or improvements of any kind shall be placed upon the property without the prior written
<br />approval of the District Secretary for District Six of Lessor. Any such structures or improvements shall be
<br />constructed in a good and workmanlike manner at Lessee's sole cost and expense. Subject to any landlord lien, any structures or
<br />improvements constructed by Lessee shall be removed by Lessee, at Lessee's sole cost and expense, by midnight on the day of
<br />termination of this Lease and the leased property restored as nearly as practical to its condition at the time this Lease is executed,
<br />Portable or temporary advertising signs are prohibited,
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<br />Lessee shall perform, at the sole expense of Lessee, all work required in the preparation of the leased property for occupancy by
<br />Lessee, in the absence of any special provision herein contained to the contrary; and Lessee does hereby accept the leased property
<br />as now being in fit and tenantable condition for all purposes of Lessee.
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<br />Lessor reserves the right to inspect the property and to require whatever adjustment to structures or improvements as Lessor, in its
<br />sole discretion, deems necessary. Any adjustments shall be done at Lessee's sole cost and expense.
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<br />5. Maintenance. Lessee shall keep and maintain the leased property and any building or other structure, now or hereafter erected
<br />thereon, in good and safe condition and repair at Lessee's own expense during the existence of this Lease, and shall keep the same
<br />free and clear of any and all grass, weeds, brush, and debris of any kind, so as to prevent the same from becoming dangerous,
<br />inflammable, or objectionable. Lessor shall have no duty to inspect or maintain any of the leased property or buildings, and other
<br />structures thereon, during the term of this Lease; however, Lessor shall have the right, upon twenty-four (24) hours notice to Lessee,
<br />to enter the leased property for purposes of inspection, including conducting an environmental assessment. Such assessment may
<br />include: surveying; sampling of building materials, soil, and groundwater; monitoring well installations; soil excavation; groundwater
<br />remediation; emergency asbestos abatement; operation and maintenance inspections; and, any other actions which may be
<br />reasonable and necessary. Lessor's right of entry shall not obligate inspection of the property by Lessor, nor shall it relieve the
<br />Lessee of its duty to maintain the leased property. In the event of emergency due to a release or suspected release of hazardous
<br />waste on the property, Lessor shall have the right of immediate inspection, and the right. but not the obligation, to engage in remedial
<br />action, without notice, the sole cost and expense of which shall be the responsibility of the Lessee.
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<br />6. Indemnification. To the extent provided by law, Lessee shall indemnify, defend, and hold harmless the Lessor and all of its
<br />officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or
<br />negligent act by Lessee, its agents, or employees, during the performance of the Lease, except that neither Lessee, its officers,
<br />agents, or employees will be liable under this paragraph for any claim, loss, damage, cost, charge, or expense arising out of any act,
<br />error, omission, or negligent act by the Lessor or any of its officers, agents, or employees during the performance of the Lease.
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<br />When the Lessor receives a notice of claim for damages that may have been caused by the Lessee, the Lessor will immediately
<br />forward the claim to the Lessee. Lessee and the Lessor will evaluate the claim and report their findings to each other within fourteen
<br />(14) working days and will jointly discuss options in defending the claim. After reviewing the claim, the Lessor will determine whether
<br />to require the participation of Lessee in the defense of the claim or to require that Lessee defend the Lessor in such claim as
<br />described in this section, The Lessor's failure to promptly notify Lessee of a claim shall not act as a waiver of any right herein to
<br />require the participation in or defense of the claim by Lessee. The Lessor and Lessee will each pay its own expenses for the
<br />evaluation, settlement negotiations, and trial, if any.
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<br />7. Insurance. Lessee at its expense, shall maintain at all times during the term of this Lease, public liability insurance protecting
<br />Lessor and Lessee against any and all claims for injury and damage to persons and property, and for the loss of life or property
<br />occurring in, on, or about the property arising out of the act, negligence, omission, nonfeasance, or malfeasance of Lessee, its
<br />employees, agents, contractors, customers, licensees, and invitees. Such insurance shall be carried in a minimum amount of not less
<br />than one million dollars ($ 1,000,000,00 ) for bodily injury or death to anyone person or any number
<br />of persons in anyone occurrence and not less than one million dollars ($ 1,000,000.00 )
<br />for property damage, or a combined coverage of not less than two million dollars ($ 2,000,000.00 ).
<br />All such policies shall be issued by companies licensed to do business in the State of Florida and all such policies shall contain a
<br />provision whereby the same cannot be canceled or modified unless Lessor is given at least sixty (60) days prior written notice of such
<br />cancellation or modification. Lessee shall provide Lessor certificates showing such insurance to be in place and showing Lessor
<br />as additional insured under the policies. If self-insured or under a risk management program, Lessee represents that such minimum
<br />coverage for liability will be provided for the leased property,
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