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nd <br />10.2. Entirety of Lease. This Lease incorporates anconversation, llsdesagalllem ntfor a or <br />contemporaneous negotiations, correspondence, <br />understandings applicable to the matters contained herein and the parties agree that there <br />are no commitments, agreements, or understandings of any nature whatsoever concerning <br />the subject matter of the Lease that are not contained in tis docupredicated upon Accordingly, <br />it is <br />or <br />agreed that no deviation from the terms hereof s <br />contemporaneous representations a agreements, be modified, altered or amended only by a written <br />ral or written. <br />10.3. Modification. This Lease y <br />document authorized and executed by both partiesththe formality <br />rm lit y oral of equate dignity <br />herewith. This Lease may not be amended, alteredormodified <br />ts or <br />understandings between the parties unless they ural t and of equal dignity herewith. are reduced to a written document <br />authorized and executed by both parties with the Y of <br />10.4. Governing Law. This Lease shall be governed by the be institutedws of the ein Indian R ver <br />and <br />any and all legal action instituted because of this Lease shall <br />County. <br />10.5. No Waiver. Each right, power and remedy of the parties provided in this Lease <br />shall be cumulative and concurrent and shall be in addition to every other right, power or <br />remedy provided for in this Lease or now or hereafter existing at law or in equity or by <br />statute or otherwise. The failure of either party tdinsist <br />not wave the right tobdothe so intthe <br />party with any obligation, or exercise any remedy,oes <br />event of a continuing or subsequent delinquency or default. A party's waiver of one or <br />more defaults does not constitute a waver of any other delinquency or default. <br />10.6. Costs. If any legal action or other proceeding is brought for the enforcement of this <br />Lease or because of an alleged dispute, breach, <br />default, or misrepresentation in <br />connection with any provisions of this Lease, each party shall bear its own costs. <br />10.7. Severability. If any term, covenant or provision of this Lease, or the application <br />thereof to any person or circumstances shall, to any extent, be held invalid or <br />unenforceable for the remainder of this Lease, then the application of such terms or <br />provision to persons or circumstances other <br />than <br />andevery other term which <br />provision cion ofinvalid <br />this <br />unenforceable shall not be affected, and each <br />Lease shall be deemed valid and enforceable to the fullest extent permitted by law. <br />10.8. Captions. Captions in this Lease are included for convenience only and are not to <br />be considered in any construction or interpretation of this Lease or any of its provisions. <br />The words hereof and herein mean this Lease. <br />10.9. Construction. All pronouns and any variations thereof shall be deemed to refer to <br />the masculine, feminine or neuter, singular or plural, as the identity of the party or parties <br />may require. The parties hereby acknowledge and agree that each was properly <br />represented by counsel or had the opportunity so be represented, and this Lease was <br />negotiated and drafted at arm's-length so that the judicial rule of construction to the effect <br />that a legal document shall be construed against the drafter shall be inapplicable to this <br />Lease. <br />10.10. Approval. The terms of this Lease are subject to modification by the Indian River <br />County Board of County Commissioners at the December 23, 2008 meeting. <br />10.11. Quiet Enjoyment. If and so long as Tenant performs all of its obligations under <br />this Lease, County covenants that Tenant o d nancesaand l and my quietly <br />vernhold <br />mentalregulations, unjoy the and <br />Psed <br />Premises, subject to any applicable laws, <br />to any governmental actions. <br />6 <br />