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(g) Except as otherwise provided herein, whenever (a) any loss, cost, damage or
<br />expense resulting from fire, explosion or any other casualty or nccurrencc is incurred by either of the
<br />parties hercto,.or anyone claiming by, through, or under it in connection with the Building anis Premises,
<br />a,nd (b) such party then is covered in whole or in part by insurance with respect to such loss, cost, damage
<br />or expense or required under this Lease to he so insured, then the party so insured (or so required to be
<br />insured) hereby waive,,.; tiny claims against and releases the other panty t7om any liability said other party
<br />may have .on account of such loss, cost, damage or expanse to the extent of any amount recovered by
<br />reason of such insurance (or which could have been recovered had such insurance been carried as so
<br />required). 'l'lie:parties agree to furnish to each insurance company which has issued or will issue policies
<br />ot.casaalty insurtlope .on the Building and Premises, written notice of said waivers and to :brave the
<br />ittsurattce pvlcisrs properly etidorscd;_ if necessary, to acknu++•lt:dge such subrogation ++ti�ets.
<br />38. ItI7'LO LUL)NQ. This Lease shall not be: recorded without Landlord's prior written
<br />consent, a,id ;tny recording hereof, or attempt to do so. by 'tenant shall constitute a detiuult under this
<br />Leas;, no curnllvc notice to Tcnant from Landlord being required.
<br />39. RADON GAS. As required by Florida Statutes; Landlord notifies Tenant as follows:
<br />"RADON GAS: Radon is a naturally occurring radioactive gas that, when it has aecutnulated in a
<br />builditrg in sufficient quantities, may present health risks to persons +vho are exposed to it overtime.
<br />I.xveIs :of radon that .exceed federal and state guidelines have been found in buildings in Florida.
<br />Additional informittion regarding radon acid radon testing ratty be obtained iTom your county .puh.licheolth
<br />unit."
<br />40. NON-MSLLOSUR . ` L-nant agrees lhat it will not divulge yr disclose to third p tht es
<br />the lerolsii pruvjs ons .albs conditions of this Lease; provided, however. Tenant .shrill be . rerinitted: to
<br />disclose' thra :l iusc to its olfit crs, directors, parhtets or shareholders, attorneys, accountants t►ttd ;bthbir
<br />similsrprofessional consultants that h we a. need to know such information, any governmental �.gencias�to
<br />tvltieti 5iic1l dtsgkisul�'is it quired. Briefer law, aliil pursuant to subpoena or other legal proct�sa. '[ pant=.
<br />breach 61744rs Secfton 40 shall constitute it default under this 1..case, :no curative notice to'f:ettalnt from
<br />landlord being required.
<br />41, 11ALARDOUS MATERIALS.
<br />(a) Tenant shall not cause or tx:rmil any I-fazardous Material (as hereinafter defined)
<br />to be brought upon, kept or used in or about the Premises or the Building by Tenant, its abcnts, principals.,
<br />employees, assigns. sublessees,. contractors., consultants or invitees (collectively. "Tenant Persons-)
<br />'Without the prior written consent of Landlord, which consent may be withheld for any reason vvhatsacver
<br />.or no rettstzn at all. If'Temiw breaches the obligations staled in the preceding sentence, of if the
<br />presi.iics:urllti ardiitls Material on -the Premises or around the Building Caused or permitted by any tifthd
<br />1 enattt;:!?i:r ons:iesttll�•iti.(a);.anY contarnination of the Premises, the Buitdin?,,, the si►irbtiiiditt area(s); the
<br />soil c�k SUrldCi. rir;t rott►id Zyutt i:iir.(b). loss ur dadiage ,tsa. persuri(s) 0 proliertj , orift onta iYin�rUt ii i f tiip
<br />`}'retrtlsos or -fie 13ulldtr►g or the surrounding areas) by.l la°rardous Material. otherwi C well :>¢r tYtiietI
<br />,lay Of tire fond Ycrwm is:::legally, actually or facluttlly liable or responsible to Landlord (or aiiy Harty
<br />claiming, by lhrou; h or under Landlord) for damages, losses, costs or expenses resulting tlri i'efrom; risen
<br />Tenant:shall be solely respansibie:f`or all costs, expenses. and amounts required. to reniediate,.i;lean. up:nnd
<br />-correct;sucls_ matter and Tenant-shatll further fully and completely indemnify, dclend and hold hartnlless
<br />Landlprd (or. any Marty claiming by; through or under landlord) from any and all claims. judgments,
<br />damages, 'pettalties, fines,.costs, jiabilitics.or losses liocluding, without limitation: (i) tlintinution iti. the
<br />value or the Premises and/or the Building and/or the. land on which the Building is located:midlor any
<br />adjoining areit(s) which landlord owns or in which .it holds a property interest; (ii) damages for the. joss
<br />or restrict' n'on Use,: of rentable or usable space of any amenity of the Premises, the Building or the. land
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<br />76
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