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4. MAINTENANCE OF LESSEE'S RECORDS: The Lessee shall maintain separate accounting records for: (i) gross revenue derived directly from the use of the leased premises, (ii) the gross revenue derived indirectly from the use of the leased premises, and (iii) all other gross revenue derived from the Lessee's operations on the riparian upland property. The Lessee shall secure, maintain and keep all records for the tam of this lases and any renewals plus three (3) additional years. This period shall be waanded for an additional two (2) years upon request for examination of all records and accounts for lease verification purposes by the Lessor. S. PROPEM RIGHTS: The Lessee shall make no claim of title or interest to said lands hereinbefore described by reason of the occupancy or use thereof; and all title and interest to said land bereinbefre described is vested in the Lessor. The Lessee is prohibited from mcludmg, or making any claim that purports to include, said lands described or the Lessee's leasehold interest in said lands into any form of private ownersbip, including but not limited to any form of condominium or cooperative ownership. The Lessee is father pobibited from making any claim, including any advatisement, that said land, or the use thaeoZ may be purchased, sold, or re-sold. 6. INTEREST IN RIPARIAN UPLAND EASEMENT: During the term of this lease, the Lessee shall maintain the Lessee's riparian upland easement that is morn particularly described in Attachment B and by reference made a part hereof together with the riparian rights appurtenant to said riparian upland easement, and if such easement interest is terminated, the lease may be terminated at the option of the Lessor. Prior to sale and/or termination of the Lessee's easement interest over and across the riparian upland property, Lessee shall inform any potential buyer or transferee of (a) the Lessee's easement over and across the riparian upland property; (b) and the existence of this lease and all its terms and conditions and shall complete and execute and documents required by the Lessor to effect an assignment of this lease, if consented to by the Lessor. Failure to do so will not relieve the Lessee from responsibility for full compliance with the tams and conditions of this lease which include, but are not limited to, payment of all fes and/or penalty assessments incurred prior to such act. 7. ASSIGNMENT OF LEASE: This lease shall not be assigned or otherwise transferred without prior written consent of the Lessor or its duly authorized agent. Such assignment or other transfer shall be subject to the tams, conditions and provisions of management standards and applicable laws, rules and regulations in effect at that time. Any assignment or other transfer without prior written consent of the Lessor shall be null and void and without legal effect. 8. INDEMNMCATIONIRTWSTTGATION OF ALL CLAIMS: The Lessee shall investigate all claims of every nature at its mgmse. Each party is responsible for all personal injury and property damage attributable to the negligent acts or omissions of that petty and the officers, employees and agents thereof Nothing heroin shall be construed as an indemnity or a waiver of sovereign immunity enjoyed by any party hereto, as provided in Section 768.28, Florida Statutes, as amended from time to time, or any other law providing limitations on claims. 9. VENUE: Lessee waives venue as to any litigation arising from matters relating to this lease and any such litigation between Lessor and Lessee shall be initiated and maintained only in Leon County, Florida 10. NOTICES/COMPIJANCEMIRM NATION: Tho Lessee binds itself', its successors and assigns, to abide by the provisions and conditions herein set forth, and said provisions and conditions shall be deemed covenants of the Lessee, its successors and assigns. In the event the Lessee fills or refuses to comply with the provisions and conditions herein set forth, or in the event the Lessee violates any of the provisions and conditions herein set forth, and the Lessee fails or refises to comply with any of avid provisions or conditions within twenty (20) days of receipt of the Lessor's notice to cotroct, this lases may be terminated by the Lessor upon thirty (30) days written notice to the Lessee. Mcanceled, all of the abovedescribed parcel of land shall revert to the Lessor. All costs and attorneys' fxs incurred by the Lessor to enforce the provisions of this lease shall be paid by the Lessee. All notices required to be given to the Lessee by this lease or applicable law or administrative rules shall be sufficient if seat by U.S. Mail to the following address. Indian River County, Florida 1601 - 27th Street Vero Beach, Florida 32960 Tha Lessee shall notify the Lessor by certified mail of any change to this address at least ten (10) days befre the change is effective. I I . TAM AND ASSESSMENTS: no Lessee shall assume all responsibility for liabilities that accrue; to the subject property or to the improvements thereon, including any and all drainage or special assessments or taxes of every kind and description which are now or may be hereafter lawfully assessed and levied against the subject property during the effective period of this Iease. Page 2 of 16 Pages Sovaoignty Submerged Lands Lease No. 31034.5813