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11/20/2018_SpecialCall
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11/20/2018_SpecialCall
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Last modified
1/25/2021 12:40:06 PM
Creation date
12/21/2018 2:52:09 PM
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Meetings
Meeting Type
Special Hearing
Document Type
Agenda Packet
Meeting Date
11/20/2018
Meeting Body
Board of County Commissioners
Subject
Brightline; All Aboard Florida; Virgin Trains USA
Settlement agreement
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default after such notice or complete same within a reasonable period of time, Lessee may <br />terminate this Lease upon written notice to Lessor. Notwithstanding any provision of this Lease, <br />Lessor shall not at any time have any personal liability under this Lease, and Lessee's sole remedy <br />with respect thereto shall be termination of the Lease. <br />21. Hold Over <br />If Lessee remains in possession of the Premises after expiration of the Term without <br />Lessor's written consent and without any express written agreement between the parties on an <br />extension of the Term, Lessee shall be a tenant at sufferance as provided in § 83.04, Florida <br />Statutes, and such tenancy shall be subject to the provisions thereof, except that Base Rent during <br />the holdover period shall be one hundred fifty percent (150%) of the final payment of Base Rent <br />in effect during the final month of the Term. Nothing in this paragraph shall be construed as the <br />consent of Lessor to Lessee's possession of the Premises after the expiration of the Term. In <br />addition to and not limiting any other rights or remedies which Lessor may have on account of <br />Lessee holding over without written consent of Lessor, Lessee shall be liable for any and all direct <br />and consequential damages incurred by Lessor on account of such unapproved holding over <br />including claims by tenants entitled to future possession. <br />22. Condemnation <br />If all or a portion of the Leased Premises shall be taken by public or quasi -public <br />authority under any power of eminent domain or condemnation, this Lease, at the option of Lessor, <br />shall forthwith terminate and the Lessee shall have no claim or interest in or to any award of <br />damages for such taking. <br />23. Quiet Enjoyment <br />If Lessee pays the Rent and all other charges and fully performs all of its obligations <br />under this Lease, Lessee shall be entitled to peaceful and quiet enjoyment of the Leased Premises <br />for the full term without interruption or interference by Lessor or any person claiming through <br />Lessor. <br />24. No Waiver or Modification <br />None of the provisions hereof shall be waived or modified, except by mutual <br />agreement, in writing, and no alleged verbal or written inducement prior to execution nor <br />subsequent verbal waiver, or modification, shall be binding under any circumstances. This Lease <br />constitutes the entire understanding of the parties and neither the failure of Lessor to enforce each <br />and every provision, nor any course of conduct by Lessor shall be considered as a waiver of these <br />provisions. <br />25. Successors and Assigns <br />15 <br />
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