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12/04/2018
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12/04/2018
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Last modified
1/25/2021 12:49:52 PM
Creation date
2/6/2019 10:16:40 AM
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Meetings
Meeting Type
BCC Regular Meeting
Document Type
Agenda Packet
Meeting Date
12/04/2018
Meeting Body
Board of County Commissioners
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10.5. N -O WAIVER. Each right, power and remedy of the parties provided in this Lease shall <br />be cumulative and concurrent and shall be in addition to every other right, power or remedy <br />provided for in this Lease or now or hereafter existing. at law or in equity or by statute or <br />otherwise. The, failure of either party to insist upon compliance by the other party with any <br />obligation, or exercise any remedy, does not waive the right to do so in the event of .a <br />continu Ing or subsequent delinquency or default. A party's waiver of .one or more defaults does <br />not constitute a waver of any other delinquency .or default. <br />-stf-atry-fe f -a ha enforcement of thi <br />—Lease -oTbecaose--of an-alleged-d•isp-ute b -breach; de#atilt—er-rrris-r-epresentation-ire-conr4ectio.A _ <br />______m.i#;h::Araa I_ ear.i#s_own_.costs..:._.. _ ._.. �......._ .._._� .._ <br />..+... .. .. .1 ..... ., ............ ... .. ....... - ...w w-, - u w uNNuvuuv.. -- <br />thereof to any person or circumstances shall, to any extent, be held invalid or unenforceable for <br />the remainder of this Lease, then the application of such terms or provision to persons or <br />circumstances other than those as o w is i is Keldinvaltd-ur-unLnfor eabte-shatl-Trot be <br />affected, and each and every other.term and provision -of this Lease shall be deemed valid and <br />enforceable to the fullest extent*petrriitted by law. <br />10.8. CAPTIONS. Captions in this Lease are included for convenience only and are not to be <br />considered in any construction or interpretation of this Lease or any of its provisions. The <br />words "hereof" and "herein" mean this Lease.20 <br />10.9. CONSTRUCTION. All pronouns and any variations thereof shall be deemed to refer to <br />the masculine, feminine or neuter, singular or plural, as the identity of the party or parties may <br />require:' The parties hereby acknowledge and agree that each was properly represented by <br />counsel or had the opportunity so be represented, and this Lease was negotiated and drafted at <br />arm's-length so that the judicial rule of construction to the effect that a legal document shall be <br />construed against the drafter shall be inapplicable to this Lease. <br />10.10. APPROVAL. The terms of this Lease were approved in concept at the Indian River <br />County Board of County Commissioners meeting of November 20, 2007; however,•this Lease is <br />subject to modification by the Indian River County Board of County Commissioners at the <br />December 18, 2007 meeting. <br />IN WITNESS WHEREOF, the parties have .set their hands and seals to the foregoing <br />Lease as of this 20th day of November, 2007. <br />Tenant' Landlord: <br />BOARD OF COUNTY COMMISSIONERS <br />OF INDIAN RIVER COUNTY, FLORIDA <br />\� Jose'p�h:A. Ba`rd,'County Administrator, under <br />delegation of authority in County Attorney <br />Maters Agenda item 12A, Board of County <br />Comm6ssioners Meeting of November 20, 2007 <br />,Apprded asto#D_rn and legal sufficiency: <br />iii�iarian E. Fell, Assis>tarit County Attorney <br />5 <br />156 <br />
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