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Inspection and Access by Railway and BRIGHTLINE
<br />Lessor shall have the right, at reasonable times and upon reasonable prior notice to
<br />Lessee, to enter the Leased Premises for the purpose of examining and inspecting the condition of
<br />the Leased Premises and to evaluate Lessee's compliance with the terms and conditions of this
<br />Lease. The Lessee agrees and acknowledges that Lessor intends to consult with the Railway and
<br />BRIGHTLINE to confirm whether or not Lessee's use of the Leased Premises is in compliance
<br />with the terms of this Lease, and upon the written request of Lessor, Lessee shall work directly
<br />with the Railway and/or BRIGHTLINE to resolve any non-compliance issues identified by the
<br />Railway and/or BRIGHTLINE. In accordance with the foregoing, each of Lessor, BRIGHTLINE
<br />and the Railway shall have the right at all times to enter the Leased Premises without prior notice
<br />to Lessee and take action in the event of any emergency affecting the Leased Premises, including
<br />but not limited to leakage of Hazardous Materials or other materials from or onto the Leased
<br />Premises, the detection of odors that appear to be coming from the Leased Premises, suspected
<br />illegal activity on or use of the Leased Premises for like activities or events. Lessee hereby releases
<br />and holds Lessor, BRIGHTLINE and the Railway harmless from any action taken by Lessor,
<br />BRIGHTLINE and/or the Railway to access the Leased Premises under the conditions set forth
<br />herein and/or to control or respond to any emergency affecting the Leased Premises.
<br />9. Signs
<br />Lessee shall not place any signs on the Leased Premises except with the prior
<br />written consent of the Lessor, including consent as to location and design, which may be withheld
<br />in Lessor's sole discretion. Any and all such approved signs shall be installed and shall be
<br />maintained by Lessee, at its sole cost and expense and shall be in compliance with all applicable
<br />laws. Lessee shall be responsible to Lessor for the installation, use, or maintenance of said signs
<br />and any damage caused thereby. Any signs on the Leased Premises shall be considered part of
<br />Lessee's Property for purposes of Paragraph 14 hereof and Lessee shall remove said signs in
<br />accordance with same prior to termination or expiration of the Lease.
<br />10. INDEMNIFICATION
<br />A. Indemnification
<br />Lessee hereby agrees to indemnify, defend and hold harmless Lessor,
<br />BRIGHTLINE and the Railway from and against any and all liability for any loss, injury or
<br />damage, including, without limitation, damage to the Leased Premises or to Lessee's property,
<br />consequential damage, all costs, expenses, court costs and reasonable attorneys' fees, imposed on
<br />Lessor, BRIGHTLINE and/or the Railway, as applicable, by any person whomsoever that occurs
<br />on or in (i) the Leased Premises, or (ii) any lands, buildings, structures, access areas or the like
<br />adjacent to the Leased Premises, as a result of or arising from or related in any way to the acts or
<br />failure to act of Lessee, its employees, agents or contractors, including any failure to comply with
<br />the terms and conditions of this Lease, or the presence of Lessee, its employees, agents or
<br />contractors, or the property of any of the same, on the Leased Premises or adjacent areas, and
<br />REGARDLESS OF THE CAUSE AND REGARDLESS OF WHETHER ATTRIBUTABLE TO
<br />THE FAULT, FAILURE OR NEGLIGENCE OF LESSOR, BRIGHTLINE AND/OR THE
<br />RAILWAY. The commercial liability insurance that Lessee is required to carry pursuant this
<br />Lease shall include coverage of the foregoing contractual indemnity. The provisions of this
<br />paragraph 10.A. shall survive the expiration or any termination of this Lease.
<br />Lessee's Insurance
<br />Lessee will throughout the Term and any Renewal Terms (and any other period
<br />when Lessee is in possession of the Leased Premises or has failed to comply with the requirements
<br />of paragraph 14 of this Lease) carry and maintain, at its sole cost and expense, the following types
<br />of insurance, which shall provide coverage on an occurrence basis, with respect to the Leased
<br />Premises, in the amounts specified with deductible amounts reasonably satisfactory to Lessor:
<br />(1) Commercial General Liability Insurance. Commercial general liability ("CGL")
<br />insurance covering claims arising from personal injury, death and property damage with minimum
<br />limits of $1,000,000.00 per occurrence and $2,000,000.00 general aggregate and insuring against
<br />legal liability of the insured with respect to the Leased Premises or arising out of the maintenance,
<br />use or occupancy thereof The CGL policy shall include contractual liability coverage of all such
<br />liabilities arising pursuant to this Lease.
<br />(2) Comprehensive Automobile Liability Insurance. Comprehensive automobile
<br />liability insurance with a Limit of not less than $1,000,000.00 per occurrence for bodily injury,
<br />$500,000.00 per person and $100,000.00 property damage or a combined single limit of
<br />$1,000,000 for both owned and non -owned vehicles.
<br />(3) Excess Liability Insurance. Lessee shall also carry and maintain umbrella liability
<br />insurance with a limit of not less than $4,000,000.00 per occurrence.
<br />(4) Property Insurance. None.
<br />(5) Workers' Compensation and Employers' Liability Insurance. Workers'
<br />Compensation Insurance covering all employees of Lessee, as required by the laws of the State of
<br />Florida and Employers' Liability coverage subject to a limit of no less than $500,000 each
<br />employee, $500,000 each accident, and $1,000,000 policy limit.
<br />(6) Policy Form. All policies referred to above shall: (i) be taken out with insurers
<br />licensed to do business in Florida having an A.M Best's rating of A-, Class IX, or otherwise
<br />approved in advance by Lessor; (ii) name Lessor, BRIGHTLINE and the Railway as additional
<br />insured; (iii) be non-contributing with, and shall apply only as primary and not as excess to any
<br />other insurance available to Lessor, BRIGHTLINE and the Railway or any mortgagee; (iv) have
<br />all railroad exclusions removed, and (v) contain an obligation of the insurers to notify Lessor,
<br />BRIGHTLINE and the Railway by certified mail not less than thirty (30) days prior to any material
<br />change, cancellation, or termination of any such policy. Certificates of insurance on Lessor's
<br />standard form or, if required by a mortgagee, copies of such insurance policies certified by an
<br />authorized officer of Lessee's insurer as being complete and current, shall be delivered to Lessor
<br />prior to Lessee's use of the Leased Premises hereunder and promptly upon request. If Lessee fails
<br />to deliver the required certificates or certified policies, fails to take out or to keep in force any
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