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4 . MAINTENANCE OF LESSEE' S RECORDS : The Lessee shall maintain separate accounting records for: <br /> (i) gross revenue derived directly from the use of the leased premises, (ii) the gross revenue derived indirectly from the use of <br /> the leased premises, and (iii) all other gross revenue derived from the Lessee's operations on the riparian upland property. The <br /> Lessee shall secure, maintain and keep all records for the term of this lease and any renewals plus three (3) additional years . <br /> This period shall be extended for an additional two (2) years upon request for examination of all records and accounts for lease <br /> verification purposes by the Lessor. <br /> 5 . PROPERTY RIGHTS : The Lessee shall make no claim of title or interest to said lands hereinbefore described by <br /> reason of the occupancy or use thereof, and all title and interest to said land hereinbefore described is vested in the Lessor. <br /> The Lessee is prohibited from including, or making any claim that purports to include, said lands described or the Lessee's <br /> leasehold interest in said lands into any form of private ownership, including but not limited to any form of condominium or <br /> cooperative ownership . The Lessee is further prohibited from making any claim, including any advertisement, that said land, <br /> or the use thereof, may be purchased, sold, or re-sold. <br /> 6 . INTEREST IN RIPARIAN UPLAND EASEMENT : During the term of this lease, the Lessee shall maintain the <br /> Lessee ' s riparian upland easement that is more particularly described in Attachment B and by reference made a part hereof <br /> together with the riparian rights appurtenant to said riparian upland easement, and if such easement interest is terminated, the <br /> lease may be terminated at the option of the Lessor. Prior to sale and/or termination of the Lessee's easement interest over and <br /> across the riparian upland property, Lessee shall inform any potential buyer or transferee of: (a) the Lessee's easement over and <br /> across the riparian upland property; (b) and the existence of this lease and all its terms and conditions and shall complete and <br /> execute and documents required by the Lessor to effect an assignment of this lease, if consented to by the Lessor. Failure to do <br /> so will not relieve the Lessee from responsibility for full compliance with the terms and conditions of this lease which include, <br /> but are not limited to, payment of all fees and/or penalty assessments incurred prior to such act. <br /> 7 . ASSIGNMENT OF LEASE : This lease shall not be assigned or otherwise transferred without prior written <br /> consent of the Lessor or its duly authorized agent. Such assignment or other transfer shall be subject to the terms, conditions <br /> and provisions of management standards and applicable laws, rules and regulations in effect at that time. Any assignment or <br /> other transfer without prior written consent of the Lessor shall be null and void and without legal effect. <br /> 8 . INDEMNIFICATION/INVESTIGATION OF ALL CLAIMS : The Lessee shall investigate all claims of every <br /> nature at its expense . Each party is responsible for all personal injury and property damage attributable to the negligent acts or <br /> omissions of that party and the officers, employees and agents thereof. Nothing herein shall be construed as an indemnity or a <br /> waiver of sovereign immunity enjoyed by any party hereto , as provided in Section 768.28 , Florida Statutes, as amended from <br /> time to time, or any other law providing limitations on claims . <br /> 9 . VENUE : Lessee waives venue as to any litigation arising from matters relating to this lease and any such litigation <br /> between Lessor and Lessee shall be initiated and maintained only in Leon County, Florida. <br /> 10 . NOTICES/COMPLIANCE/TERMINATION : The Lessee binds itself, its successors and assigns, to abide by <br /> the provisions and conditions herein set forth, and said provisions and conditions shall be deemed covenants of the Lessee, its <br /> successors and assigns . In the event the Lessee fails or refuses to comply with the provisions and conditions herein set forth, <br /> or in the event the Lessee violates any of the provisions and conditions herein set forth, and the Lessee fails or refuses to <br /> comply with any of said provisions or conditions within twenty (20) days of receipt of the Lessor' s notice to correct, this lease <br /> may be terminated by the Lessor upon thirty (30) days written notice to the Lessee. If canceled, all of the above-described <br /> parcel of land shall revert to the Lessor. All costs and attorneys' fees incurred by the Lessor to enforce the provisions of this <br /> lease shall be paid by the Lessee. All notices required to be given to the Lessee by this lease or applicable law or <br /> administrative rules shall be sufficient if sent by U. S . Mail to the following address : <br /> Indian River County, Florida <br /> 1801 - 27th Street <br /> Vero Beach, Florida 32960 <br /> The Lessee shall notify the Lessor by certified mail of any change to this address at least ten ( 10) days before the change is <br /> effective. <br /> 11 . TAXES AND ASSESSMENTS : The Lessee shall assume all responsibility for liabilities that accrue to the <br /> subject property or to the improvements thereon, including any and all drainage or special assessments or taxes of every kind <br /> and description which are now or may be hereafter lawfully assessed and levied against the subject property during the <br /> effective period of this lease. <br /> Page 2 of 16 Pages <br /> Sovereignty Submerged Lands Lease No . 310345813 <br />