The provisions hereof shall be binding upon and inure to the benefit of the
<br />successor, executors, administrators and permitted assigns of the respective parties.
<br />26. SMial Notice Regarding Radon Gas
<br />Lessee is hereby notified that radon gas is a naturally occurring radioactive gas that,
<br />when accumulated in a building in sufficient quantities, may present health risks to persons who
<br />are exposed to it over a period of time. Levels of radon that exceed federal and state guidelines
<br />have been found in buildings in the State of Florida. Lessee is further notified that additional
<br />information regarding radon gas, and the testing for radon gas, may be obtained from the Public
<br />Health Units of the various counties.
<br />27. Restrictions
<br />Lessee agrees that no plants, shrubbery, trees or other vegetation that would obstruct the
<br />view of motor vehicles or train crews using a crossing at grade, or interfere with the operation of
<br />trains, will be placed on the Leased Premises. In addition to the above restriction, no plants,
<br />shrubbery, trees or other vegetation having a height of more than two (2) feet will be placed within
<br />two hundred and fifty (250) feet of any at grade street crossing, and if such vegetation exceeds two
<br />(2) feet in height, Lessor, BRIGHTLINE or the Railway may trim such vegetation to a two (2) foot
<br />height at Lessee's expense. Plants, shrubbery, trees or other vegetation shall be trimmed by Lessee
<br />so as to maintain a distance from the centerline of the nearest track of twenty-five (25) feet and if
<br />such vegetation is closer than twenty-five (25) feet from the centerline of the nearest track, Lessor,
<br />BRIGHTLINE or the Railway may trim or remove such vegetation so that no vegetation is within
<br />twenty-five (25) feet of the centerline of the nearest track at Lessee's expense. This restriction in
<br />no way limits the indemnification requirements set forth in this Lease. Also, no plants, shrubbery,
<br />trees or other vegetation of a hazardous or noxious nature that might produce injury to any person
<br />coming in contact with said plants, shrubbery, trees or other vegetation will be placed upon the
<br />Leased Premises, the ROW or any adjacent property by Lessee. The placement of any wells by
<br />Lessee on the Leased Property, the ROW or any adjacent property is strictly prohibited.
<br />28. Notices
<br />Any notice, request or communication (a "Notice") to be given or to be served upon
<br />any party hereunder, in connection with this Lease, must be in writing and must be given by
<br />certified or registered mail and shall be deemed to have been given and received when a certified
<br />or registered letter, containing such Notice, properly addressed, with postage prepaid, is deposited
<br />in the U.S. Mail; or, if given otherwise than by certified or registered mail, it shall be deemed to
<br />have been given when delivered to and received by the party to whom it is addressed. Such Notices
<br />shall be addressed to the parties herein at the following addresses:
<br />TO LESSOR: Craig Olson, Vice President
<br />7411 Fullerton Street, Suite 301
<br />Jacksonville, Florida 32256
<br />WITH A COPY
<br />TO RAILWAY: General Counsel
<br />Florida East Coast Railway, L.L.C.
<br />7411 Fullerton Street, Suite 300
<br />Jacksonville, Florida 32256
<br />TO LESSEE: [Insert Lessees Name & Address]
<br />WITH A COPY TO: [Insert Name & Address, if required]
<br />Any Notice hereunder shall also be made or given to the extent required by Section I B hereof.
<br />29. Governing Law
<br />This Lease shall be governed by the laws of the State of Florida In the event any suit, action
<br />or proceeding is brought by either party with respect to this Lease, such action, suit or proceeding
<br />shall be brought in any federal or state court located in Duval County, Florida.
<br />30. Cancel and Supersede
<br />As of the date of this Lease, this Lease supersedes that certain Lease Agreement by and
<br />between the parties hereto dated [Insert Date or N/A].
<br />31. Illep-ality
<br />If any provision of this Lease shall be held to be invalid, illegal or unenforceable, the
<br />validity, legality and enforceability of the remaining provisions shall not in any way be affected or
<br />impaired.
<br />32. Security Deposit
<br />Upon the execution of this Lease by Lessee, and prior to the execution of this Lease by
<br />Lessor, Lessee shall remit to Lessor a security deposit in the amount of [Insert Deposit Amount]
<br />in cash or certified check or cashiers check (the "Security Deposit"). The Security Deposit
<br />represents security for the faithful performance and observance by Lessee of each and every term
<br />of this Lease. Lessor may apply all or part of the Security Deposit to any unpaid Rent asset forth
<br />in paragraph 3 of this Lease or any other charges due from Lessee under this Lease, or to cure any
<br />other default of Lessee. The Security Deposit shall not constitute liquidated damages. If Lessor
<br />uses any part of the Security Deposit, Lessee shall restore the Security Deposit to its full amount
<br />within ten (10) days after notice from Lessor. No interest shall accrue to or for the benefit of
<br />Lessee on the Security Deposit. Lessor shall not be required to keep the Security Deposit separate
<br />from its other accounts, and no bust relationship is created with respect to the Security Deposit.
<br />Lessor shall not be obligated to return the Security Deposit to Lessee upon the expirations or earlier
<br />termination of the Lease unless and until all of the following events occurs: (i) the payment in full
<br />of all Rent and other chargers due pursuant to the Lease and (ii) compliance with the terms and
<br />conditions of Sections 14 and 15 hereof including, without limitation, the repair of any and all
<br />damage to the Leased Premises.
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