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five or more years, or any other construction, reconstruction or improvement of"infrastructure" <br /> as that term is defined in§212.055(2)(d)(1),Florida Statutes ("Qualifying Expenses"), and(b)no <br /> (W more than $125,000 may be used for capital expenses or Repairs or Replacements (defined in <br /> accordance with section 8.02(b) of this Facility Lease Agreement,which shall include equipment <br /> used within the Facility for general maintenance, and shall not include motor vehicles licensed <br /> for use on the public roadways ) which are not Qualifying Expenses. Verotown shall not be <br /> required to make any capital contribution to the Capital Reserve Account. <br /> 7. Liquidated Damages. All references in the Facility Lease Agreement to <br /> Liquidated Damages are hereby deleted. Without limitation, section 10.05 is hereby deleted; <br /> provided, however, that each party shall remain liable for actual damages caused by an event of <br /> Default, as set forth in section 10. <br /> 8. Right of Termination. New section 10.05 is hereby added, as follows: <br /> "Notwithstanding any other provision herein, Verotown shall have the right to terminate the <br /> Facility Lease Agreement for any reason upon 120 days written notice to the County. Verotown <br /> shall fully perform the terms and conditions of the Facility Lease Agreement during the 120 day <br /> notice period. A termination by Verotown pursuant to this section 10.05 shall not be an event of <br /> Default." <br /> 9. Motor Vehicle Liability Insurance. The following language is added to the end <br /> of existing section 14.05(a): In addition, Verotown shall maintain, at its sole cost, commercial <br /> automobile insurance in an amount no less than $1 million combined single limits on (a) all <br /> motor vehicles owned by the County but operated by Verotown in connection with its use, <br /> management or operation. of the Facility, and (b) all motor vehicles owned or leased by <br /> Verotown and used in connection with its use,management or operation of the Facility. <br /> 10. Property Insurance. Verotown's obligation to maintain special form (all risk) <br /> property insurance, as set forth in section 14.05(b) is hereby deleted, and replaced with the <br /> following respective obligations of the parties: (a) the County may elect, at its own cost, to <br /> maintain property and casualty insurance upon the Facility, in such amounts as the County <br /> deems appropriate. In the event of a casualty or force majeure event resulting in the total or <br /> partial destruction of the Facility and the payment of insurance proceeds to the County, the <br /> County shall decide in its sole discretion whether to use such proceeds for the repair or <br /> replacement of the portion of the Facility so destroyed; provided, however, that in the event that <br /> the County decides not to use the insurance proceeds or other funds to repair or replace the <br /> Facility, Verotown shall have the right to terminate this Facility Lease Agreement immediately <br /> (i.e., without the 120 day notice referenced in section 8 above) if it determines in good faith that <br /> the Facility is no longer suitable for the purposes and operations described in section 5.01. <br /> Nothing in this subsection shall be construed as requiring the County to insure any property or <br /> assets owned by Verotown which are located at or used in connection with the Facility. <br /> Verotown shall be solely responsible for insuring its own property or assets. <br /> 11. Verotown's Net Income. Verotown shall use all Net Income (defined below) <br /> derived from its use, management and operation of the Facility to pay for enhancements or <br /> improvements to the Facility that Verotown deems reasonable or necessary in its sole discretion <br /> Page 3 of 6 <br /> 137 <br />