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the Leased Premises on a pro -rated basis. All taxes and special assessments, payable on an annual
<br />basis, are to be pro -rated by the parties hereto for the year during which this Lease is made, as well
<br />as the year in which the same may be terminated.
<br />(c) Document Stamps
<br />Lessee shall pay any necessary documentary stamp taxes required to be affixed to
<br />this Lease under the laws of the United States of America, the State of Florida, or both.
<br />(d) Sales and Use Tax, Personal Property Tax
<br />Lessee will pay all Sales and Use Taxes and all personal property taxes that may be
<br />levied or assessed against the personal property of the Lessee.
<br />As Is. Maintenance
<br />LESSOR MAKES NO WARRANTY, REPRESENTATION OR UNDERTAKING,
<br />EXPRESSED OR IMPLIED AS TO THE CONDITION OF THE LEASED PREMISES and
<br />Lessee, at its sole cost and expense, hereby agrees to put the Leased Premises in such condition
<br />for its proposed use and to maintain them in their entirety. The Leased Premises is leased as it
<br />currently exists in an AS IS condition and the Lessee, who has inspected the Leased Premises prior
<br />to entering into this Lease, accepts the Leased Premises AS -IS and shall henceforth be responsible
<br />for any and all repairs and maintenance to the land and any buildings, facilities and improvements
<br />located thereon. Lessee shall, at its sole cost and expense, obtain any required permits and consents
<br />and perform all work required for the preparation of the Leased Premises for occupancy by Lessee,
<br />in the absence of any special provision herein contained to the contrary, and Lessee does hereby
<br />accept the Leased Premises as now being in fit and leaseable condition for all purposes of Lessee.
<br />Lessee will keep the Leased Premises free and clear of any and all trash, brush and debris of any
<br />kind, so as to prevent the trash, brush and debris from becoming dangerous, inflammable or
<br />objectionable. Lessor shall have no duty to inspect or maintain any of the Leased Premises during
<br />the term of this Lease.
<br />Lessee shall have no claim of any kind or description for damages to goods, wares, personal
<br />property or merchandise on the Leased Premises from any cause whatsoever, INCLUDING FIRE,
<br />STORM, CASUALTY OR ACT OF GOD, OR NEGLIGENCE OF LESSOR, THE RAILWAY,
<br />OR BRIGHTLINE UNLESS CAUSED BY THE WILLFUL OR INTENTIONAL ACTS OF
<br />LESSOR, THE RAILWAY, OR BRIGHTLINE.
<br />Lessee's Compliance With Law
<br />(a) Zoning and Use Regulation
<br />Lessee will release Lessor from any loss, claim or damage which Lessee may
<br />sustain arising directly or indirectly by reason of either existing or future zoning or other
<br />regulations promulgated by any governmental agency which may adversely affect use by Lessee
<br />of the Leased Premises. Lessee shall assume all responsibility for procuring or complying with
<br />any ordinance, resolution, order, permit, consent or other such regulation, promulgated by any
<br />governmental agency whatsoever, for building or otherwise, required for the use of the Leased
<br />Premises or for the construction of any facilities upon the Leased Premises. Lessee shall
<br />indemnify, defend and hold harmless Lessor, BRIGHTLINE and the Railway from any loss, claim
<br />or damage suffered by Lessor, BRIGHTLINE or the Railway for Lessee's failure to properly and
<br />completely perform this responsibility,
<br />(b) Other Regulation
<br />Lessee shall comply with all federal, state and municipal regulations as to health,
<br />safety, zoning, police, nuisance, fire, water, liquid, solid waste and hazardous waste, highways,
<br />sidewalks and other matters, and with the regulations of all persons or corporations supplying
<br />water, gas, heat, electricity, telephone, or steam on the premises, and shall indemnify Lessor,
<br />BRIGHTLINE and the Railway against all fines, penalties, expense, damages and costs for
<br />violation thereof. Lessee is solely responsible for obtaining any and all federal, state and local
<br />licenses, permits, or other authority for its use of the premises and shall indemnify and hold
<br />harmless Lessor, BRIGHTLINE and the Railway against all fines, penalties, expenses, damage
<br />and costs for violation of or failure to comply with any federal, state or local laws or regulations.
<br />The provisions of this Paragraph 6 shall survive the expiration or any termination of this Lease.
<br />Hazardous Materials
<br />Lessee will prevent the presence, use, generation, release, discharge, storage,
<br />disposal, or transportation of any Hazardous Materials (as hereinafter defined) on, under, in, above,
<br />to, or from the Leased Premises except that Hazardous Materials may be used in the Leased
<br />Premises as necessary for the customary maintenance of the Leased Premises provided that same
<br />are used, stored and disposed of in the ordinary course of business in strict compliance with
<br />applicable laws. For purposes of this provision, the term "Hazardous Materials" will mean and
<br />refer to any wastes, materials, or other substances of any kind or character that are or become
<br />regulated as hazardous or toxic waste or substances, or which require special handling or treatment,
<br />under any federal, state or local laws.
<br />If Lessee's activities at the Leased Premises or Lessee's use of the Leased Premises
<br />(a) results in a release of Hazardous Materials that is not in compliance with applicable laws or
<br />permits issued thereunder; (b) gives rise to any claim or requires a response under common law or
<br />applicable laws or permits issued thereunder, (c) causes a significant public health effect; or (d)
<br />creates a nuisance, then Lessee shall, at its sole cost and expense: (i) immediately provide verbal
<br />notice thereof to Lessor (with a follow-up of written notice to Lessor in the manner required by
<br />this Lease), which notice shall identify the Hazardous Materials involved and the emergency
<br />procedures taken or to be taken; and (i) promptly take all action in response to such situation
<br />required by applicable laws, provided that Lessee shall first obtain Lessor's approval of the non-
<br />emergency remediation plan to be undertaken. The provisions of this Paragraph 7 shall survive
<br />the expiration or any termination of this Lease.
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