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2010-022
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2010-022
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Last modified
11/24/2015 2:19:24 PM
Creation date
10/1/2015 1:58:06 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Lease
Approved Date
01/19/2010
Control Number
2010-022
Agenda Item Number
8.B.
Entity Name
Cumberland Farms,Inc.
Subject
Lease Agreement Oslo Road and 27th Avenue
Supplemental fields
SmeadsoftID
9548
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SECTION VI - NUSCELLANEOUS <br /> 1. In connection with this Agreement, the parties agree to cooperate in good faith and to <br /> perform no act, or allow any omission, which would inhibit the other party from performing its <br /> obligations under this Agreement. <br /> 2. This Agreement, together with the Exhibits , constitutes the entire Agreement between the <br /> parties with respect to the subject matter hereof and merges all prior and contemporaneous <br /> communications. This Agreement shall not be modified except by a written agreement dated <br /> subsequent to the date of this Agreement and signed on behalf of County and Tenant by their <br /> respective duly authorized representatives. <br /> 3. Any notice which either party is required or may desire to give to the other under this <br /> Agreement shall be in writing and shall be given by registered or certified mail , return receipt <br /> requested, postage prepaid, addressed to the party at its address shown on the First Page of this <br /> Agreement. If County or Tenant wishes to change its respective address for purposes of notice under <br /> this Agreement, they may do so by giving to the other written notice of change of address . <br /> 4. Nothing in this Agreement shall be construed to create a partnership , a joint venture or <br /> agency relationship between the parties . Neither party shall have any authority to enter into <br /> agreements on behalf of the other, or otherwise to bind or obligate the other in any manner. The <br /> language of this Agreement shall not be construed more strongly against either party, regardless of <br /> which party is responsible for its drafting. <br /> 5. No waiver of any breach of any provision of this Agreement shall constitute a waiver of any <br /> prior, concurrent or subsequent breach of the same or any other provisions hereof, and no waiver <br /> shall be effective unless made in writing and signed by an authorized representative of the waiving <br /> party. <br /> 6. The parties agree that any litigation arising from this Agreement shall be brought in Indian <br /> River County , Florida. <br /> 7. In the event of acts or occurrences beyond the control of Tenant, including, without <br /> limitation, acts of God, fire, flood, and hurricanes, that damages the Premises to the extent that it <br /> prevents Tenant from safely operating the Business , then this Lease shall be deemed terminated and <br /> the County has the right to take possession of the premises and exclude Tenant from the Premises . <br /> 8. Tenant shall be responsible for obtaining, and shall pay for, any such required permits, fees, <br /> and licenses . <br /> 9. It is agreed by the parties that, at all times and for all purposes within the scope of this <br /> Agreement, the relationship of Tenant to the County is that of a commercial leasing tenant, and <br /> not that of employee . <br /> 6 <br />
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