Common use of Variations from Master Lease Clause in Contracts

Variations from Master Lease. The following covenants, agreements, terms, provisions and conditions of the Master Lease are hereby modified or not incorporated herein: 8.1. Notwithstanding anything to the contrary set forth in the Master Lease, the term of this Sublease, the Rent payable by Subtenant to Sublandlord under this Sublease, and the amount of the Security Deposit required of Subtenant shall be as set forth in this Sublease. 8.2. Sublandlord and Subtenant hereby mutually: (i) represent and warrant to each other that they have only dealt with the brokers designated herein: ▇▇▇▇ ▇▇▇▇▇▇ of CBRE (“Sublandlord Broker”) and ▇▇▇▇▇ ▇’▇▇▇▇▇▇▇ of ▇▇▇▇▇▇ ▇▇▇▇▇, Inc. (“Subtenant Broker”). The Sublandlord shall pay to the Sublandlord Broker and the Subtenant shall pay to the Subtenant Broker any commission due and owing to such brokers pursuant to a separate brokerage agreement between such party and its broker; and (ii) agree to indemnify, hold and save the other party harmless from and against any and all claims for brokerage commissions or finder’s fees arising out of either of their acts in connection with this Sublease. The provisions of this Section 8.3. Subtenant is a self-insured, sovereign entity of the State of Florida, and its self-insurance limitations are provided by law. Subtenant is provided with comprehensive general liability insurance through the State Risk Management Trust Fund with limits of coverage up to a maximum of $200,000 per person and $300,000 in the aggregate per occurrence, pursuant to the terms and limitations of Sections 768.28, Florida Statutes and Chapter 284, Part II, Florida Statutes, or as amended from time to time. Worker’s Compensation insurance is maintained in full compliance with Florida law. Subtenant shall provide both Sublandlord and Landlord or their respective designees, prior to, or during, the use or occupancy of the Premises, with a Certificate of Self-Insurance or Certificate of Insurance evidencing TENANT’s self-insured Risk Management Program in accordance with Section 768.28, Florida Statutes, and/or any maintained excess property insurance applicable to this Lease Agreement, Notwithstanding any other provision set forth in this lease agreement, nothing contained herein shale be construed as a waiver of the Subtenant’s right to sovereign immunity under section 768.28, or other limitations imposed on the Subtenant’s potential liability under state or federal law. Notwithstanding anything contained in the Master Lease to the contrary, as between Sublandlord and Subtenant only, all insurance proceeds or condemnation awards received by Sublandlord under the Master Lease shall be deemed to be the property of Sublandlord or Landlord, as applicable. In the event of a casualty or condemnation, Subtenant shall have the right to make a separate claim for damages to Subtenants personal property to the extent permitted under the Master Lease. 8.4. Any notice which may or shall be given by either party hereunder shall be either delivered personally or sent by certified mail, return receipt requested, addressed to the party for whom it is intended at the Subleased Premises (if to the Subtenant), or to ▇▇▇ ▇▇▇▇ ▇▇▇ ▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇ #▇▇▇, ▇▇ ▇▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ (if to the Sublandlord). 8.5. Subtenant shall remove its personal property including but not limited to any property which is stored upon the Leased Premises and shall restore any damage to the Leased Premises or other portion of the “Park” (as defined in the Master Lease) and shall leave the Leased Premises in broom clean condition on or before the expiration of the Term. 8.6. Sublandlord shall deliver the Subleased Premises to Subtenant in its current “as is” condition. 8.7. The Subtenant shall not make any alteration to the Lease Premises without the prior written consent of both the Sublandlord and the Landlord which consent may be withheld by either such party in its sole and absolute discretion. 8.8. Sublandlord acknowledges receipt of the Security Deposit in the amount of $24,501.75 that Sublandlord is to retain as security for the faithful performance of all the terms and conditions of this Lease. Sublandlord may, but shall not be obligated to apply the security deposit on rents or other charges in arrears, or in damages for failure to perform the terms and conditions of this Sublease. Application of the Security Deposit to the arrears of Rent payments or damages shall be at the sole option of the Sublandlord, and the right to possession of the Premises by the Sublandlord for non-payment of rent for any other reason shall not in any event be affected by the Security Deposit. The Security Deposit is to be returned within thirty

Variations from Master Lease. The following covenants, agreements, terms, provisions and conditions of the Master Lease are hereby modified or not incorporated herein: 8.1. Notwithstanding anything to the contrary set forth in the Master Lease, the term of this Sublease, the Rent payable by Subtenant to Sublandlord under this Sublease, and the amount of the Security Deposit required of Subtenant shall be as set forth in this Sublease. 8.2. Sublandlord and Subtenant hereby mutually: (i) represent and warrant to each other that they have only dealt with the brokers designated herein: ▇▇▇▇ ▇▇▇▇▇▇ of CBRE (“Sublandlord Broker”) and ▇▇▇▇▇ ▇’▇▇▇▇▇▇▇ of ▇▇▇▇▇▇ ▇▇▇▇▇, Inc. (“Subtenant Broker”). The Sublandlord shall pay to the Sublandlord Broker and the Subtenant shall pay to the Subtenant Broker any commission due and owing to such brokers pursuant to a separate brokerage agreement between such party and its broker; and (ii) agree to indemnify, hold and save the other party harmless from and against any and all claims for brokerage commissions or finder’s fees arising out of either of their acts in connection with this Sublease. The provisions of this Section 8.3. Subtenant is a self-insured, sovereign entity of the State of Florida, and its self-insurance limitations are provided by law. Subtenant is provided with comprehensive general liability insurance through the State Risk Management Trust Fund with limits of coverage up to a maximum of $200,000 per person and $300,000 in the aggregate per occurrence, pursuant to the terms and limitations of Sections 768.28, Florida Statutes and Chapter 284, Part II, Florida Statutes, or as amended from time to time. Worker’s Compensation insurance is maintained in full compliance with Florida law. Subtenant shall provide both Sublandlord and Landlord or their respective designees, prior to, or during, the use or occupancy of the Premises, with a Certificate of Self-Insurance or Certificate of Insurance evidencing TENANT’s self-insured Risk Management Program in accordance with Section 768.28, Florida Statutes, and/or any maintained excess property insurance applicable to this Lease Agreement, Notwithstanding any other provision set forth in this lease agreement, nothing contained herein shale be construed as a waiver of the Subtenant’s right to sovereign immunity under section 768.28, or other limitations imposed on the Subtenant’s potential liability under state or federal law. Notwithstanding anything contained in the Master Lease to the contrary, as between Sublandlord and Subtenant only, all insurance proceeds or condemnation awards received by Sublandlord under the Master Lease shall be deemed to be the property of Sublandlord or Landlord, as applicable. In the event of a casualty or condemnation, Subtenant shall have the right to make a separate claim for damages to Subtenants personal property to the extent permitted under the Master Lease. 8.4. Any notice which may or shall be given by either party hereunder shall be either delivered personally or sent by certified mail, return receipt requested, addressed to the party for whom it is intended at the Subleased Premises (if to the Subtenant), or to ▇▇▇ ▇▇▇▇ ▇▇▇ ▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇ #▇▇▇, ▇▇ ▇▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ (if to the Sublandlord). 8.5. Subtenant shall remove its personal property including but not limited to any property which is stored upon the Leased Premises and shall restore any damage to the Leased Premises or other portion of the “Park” (as defined in the Master Lease) and shall leave the Leased Premises in broom clean condition on or before the expiration of the Term. 8.6. Sublandlord shall deliver the Subleased Premises to Subtenant in its current “as is” condition. 8.7. The Subtenant shall not make any alteration to the Lease Premises without the prior written consent of both the Sublandlord and the Landlord which consent may be withheld by either such party in its sole and absolute discretion. 8.8. Sublandlord acknowledges receipt of the Security Deposit in the amount of $24,501.75 16, 250 that Sublandlord is to retain as security for the faithful performance of all the terms and conditions of this Lease. Sublandlord may, but shall not be obligated to apply the security deposit on rents or other charges in arrears, or in damages for failure to perform the terms and conditions of this Sublease. Application of the Security Deposit to the arrears of Rent payments or damages shall be at the sole option of the Sublandlord, and the right to possession of the Premises by the Sublandlord for non-payment of rent for any other reason shall not in any event be affected by the Security Deposit. The Security Deposit is to be returned within thirtythirty (30) days to Subtenant when this Lease is terminated, according to the terms of this Sublease, if not otherwise applied by reason of any breach of the terms and conditions of this Sublease by Subtenant. Subtenant expressly acknowledges that Subtenant shall not have the right to apply the Security Deposit to Rent. In no event is the Security Deposit to be returned until Subtenant has performed its obligations under this Sublease including but not limited to Subtenant having vacated the Premises and delivered possession to the Sublandlord as required by this Sublease. In the event the Sublandlord repossesses the Premises because of the default of the Subtenant or because of the failure by the Subtenant to carry out the terms and conditions of this Sublease, Sublandlord may apply the Security Deposit on all damages suffered to the day of repossession and may retain the balance of the Security Deposit to apply to damages that may accrue or be suffered thereafter by reason of a default or breach of the Subtenant. Sublandlord shall not be obligated to hold the security deposit in a separate fund, but may mix the security deposit with other funds of the Sublandlord, and Sublandlord shall not be obligated to pay interest to Subtenant on the Security Deposit. 8.9. In the event the Subtenant shall default in any of its obligations under this Sublease which default is not cured within five (5) days following written notice from Sublandlord to Subtenant, (as to any monetary breach) or within ten (10) days after written notice Sublandlord to Subtenant (as to any non-monetary breach), then in addition to any other rights and remedies available at law and equity, the Sublandlord shall be entitled to the remedies of the Landlord set forth in the Master Lease, including but not limited to, sue for damages, equitable relief, right to terminate this Sublease, right to terminate Subtenant’s right to possession, recovering reasonable attorneys’ fees and costs, through all trial and appellate levels, to the extent Sublandlord is the prevailing party in such dispute and all other remedies available at law or in equity.