Reso 2011-1749 - Laserfiche WebLink

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with the indemnitor and/or this Lease. The provisions of this Section shall survive the expiration or sooner termination of this Lease. Section 6. Jurisdiction and Venue. The Lease shall be governed by, and construed and enforced in accordance with, the laws of the State of Florida. Section 7. Time. Time is of the essence of all the terms, provIsIOns, covenants and conditions of this Lease. Section 8. Not Binding Until Executed. Submission of this instrument for examination does not constitute an offer, right of first refusal, reservation of or option for the Premises. This instrument becomes effective as a Lease only upon execution and delivery by both Landlord and Tenant. Section 9. Radon. Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon testing may be obtained from your county Public Health Unit. Section 404.056(6), Florida Statutes. Section 10. Entire Agreement and Modification. This Lease contains the entire agreement between Landlord and Tenant and supersedes all prior negotiations, representations and agreements, whether written or oral. This Lease may be modified only by an agreement in writing signed by Landlord and Tenant. Any formally executed addendum to or modification of this Lease shall be expressly deemed incorporated by reference herein unless a contrary intention is clearly stated therein. Section 11. Unavoidable Delay or Force Maieure. In the event either party hereto is delayed in the performance of any act required hereunder by reason of an "Unavoidable Delay" (as hereinafter defined), then performance of such act shall be excused for the period of the Unavoidable Delay and the period for the performance of such act shall be extended for a period equivalent to the period of the unavoidable delay; provided, however, the foregoing shall not be applicable to Tenant's obligation to pay Rent, and any other sums or charges pursuant to this Lease. For purposes of this Lease, the term "Unavoidable Delay" shall mean delays due to strikes, acts of God, inability to obtain labor or materials, governmental restrictions, enemy action, civil commotion, fire, other casualty or similar causes beyond the reasonable control of the party hereto claiming such Unavoidable Delay. Section 12. Interpretation. Landlord and Tenant hereby agree to interpret the terms, conditions and provisions of this Lease in good faith exercising reasonable business judgment, and to attempt to resolve any and all issues, disputes or conflicts that may arise hereunder in a reasonable and fair manner. Section 13. City's Representative. Landlord hereby appoints the City Manager of the City of Sunny Isles Beach to serve as its representative. 31 :)' I B