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2. This Agreement, together with the Exhibits constitutes the entire agreement <br />between the parties with respect to the subject matter hereof and merges all prior and <br />contemporaneous communications. This Agreement shall not be modified except by a <br />written agreement dated subsequent to the date of this Agreement and signed on behalf <br />of County and Tenant by their respective duly authorized representatives. <br />4. Any notice which either party is required or may desire to give to the other under <br />this Agreement shall be in writing and shall be given by registered or certified mail, <br />return receipt requested, postage prepaid, addressed to the party at its address shown <br />on the First Page of this Agreement. If County or Tenant wishes to change its respective <br />address for purposes of notice under this Agreement, they may do so by giving to the <br />other written notice of change of address. <br />5. Nothing in this Agreement shall be construed to create a partnership, a joint <br />venture or agency relationship between the parties. Neither party shall have any <br />authority to enter into agreements on behalf of the other, or otherwise to bind or obligate <br />the other in any manner. The language of this Agreement shall not be construed more <br />strongly against either party, regardless of which party is responsible for its drafting. <br />6. No waiver of any breach of any provision of this Agreement shall constitute a <br />waiver of any prior, concurrent or subsequent breach of the same or any other <br />provisions hereof, and no waiver shall be effective unless made in writing and signed by <br />an authorized representative of the waiving party. <br />7. The parties agree that any litigation arising from this Agreement shall be brought <br />in Indian River County Florida. <br />8. In the event of acts or occurrences beyond the control of Tenant, including, <br />without limitation, acts of God, fire, flood, hurricanes, that damages the premises to the <br />extent that prevents Tenant from safely operating Mark's Mobil, then this Lease shall be <br />deemed terminated and the County has the right to take possession of the premises <br />and exclude Tenant from the premises. <br />9. Tenant shall be responsible for obtaining, and shall pay for, any such required <br />permits, fees, and licenses. <br />10. It is agreed by the parties that, at all times and for all purposes within the scope <br />of this Agreement, the relationship of Tenant to the County is that of a commercial <br />leasing tenant, and not that of employee. <br />11. If any of the provisions contained in this Agreement are held for any reason to be <br />invalid, illegal, or unenforceable in any respect, such invalid, illegal, or unenforceable <br />provision shall not affect any other provision, and this Agreement shall be construed as <br />if such invalid, illegal, or unenforceable provision had never been contained herein. <br />2 <br />