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Tenant (the foregoing are referred to as "Transfer" or "Transfers") without first <br />procuring the consent of the Landlord, which consent shall not be unreasonably <br />withheld. Notwithstanding the foregoing, Tenant shall not be required to obtain <br />Landlord's consent to assign this Lease to: (a) the parent of majority-owned <br />subsidiary or affiliate of Tenant; (b) a person or entity acquiring the assets of at <br />least twenty-five (25) stores of Tenant in a single transaction or (c) any entity <br />resulting from a (i) merger (ii) consolidation, (iii) initial public offering, or (iv) <br />sale of substantially all of Tenant's assets, or (d) a franchisee of Tenant or a <br />franchisee of an affiliate of Tenant ("Franchisee") (each of the foregoing, a <br />"Permitted Assignment"). In the event of Permitted Assignment, Tenant shall be <br />released from obligations throughout the Term of the Lease, and any renewal <br />thereof. Any attempt to Transfer, without the Landlord's consent in such Transfer <br />where such consent is required, shall be void and confer no rights upon any third <br />person. All further language pertaining to this issue shall be discussed within the <br />formal lease negotiations. <br />Agency: Landlord acknowledges that Kyle Mahoney & Tyler Peterson, Colliers <br />International Florida LLC is acting as Tenant's broker. Landlord shall be <br />responsible for payment of the commission due to Tenant's broker in accordance <br />with a separate commission agreement. <br />This letter of intent is merely an expression of interest and shall be non-binding upon the parties hereto. <br />Each party shall have the unilateral right to terminate negotiations at any time, for any reason or for no <br />reason, without liability to the other party. If and when a lease has been negotiated and executed, the <br />terms thereof shall supersede the terms of this letter of intent. This proposal shall expire on February 15, <br />2023. <br />Sincerely, <br />Tenant: <br />Five <br />On behil(of Flowsmart Sebastian LLC <br />DATE: % C;- <br />TITLE: Chairman <br />DATE: February 7, 2023 <br />cc: Jeff Rubino — Vice President Real Estate- North America <br />Attest: Jeffrey R. Smith, Clerk of <br />Circuit Court and Comptroller <br />Rev. 3.30.17 SN <br />BY <br />Deputy Clerk <br />pP, ROVE1) AS T ,_) fCIL <br />r ,', PUTY <br />