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2023-034A
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2023-034A
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Last modified
7/6/2023 11:17:16 AM
Creation date
7/6/2023 11:06:52 AM
Metadata
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Template:
Official Documents
Official Document Type
Lease
Approved Date
02/07/2023
Control Number
2023-034A
Agenda Item Number
8.K.
Entity Name
Flowsmart Sebastian, LLC dba Five Guys
Subject
Agreement of Lease, 1919US Hwy 1 Sebastian
Document Relationships
2023-034
(Cover Page)
Path:
\Official Documents\2020's\2023
2023-034B
(Agenda)
Path:
\Official Documents\2020's\2023
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with a nationally recognized overnight carrier (such as Federal Express), each with postage and/or <br />delivery charges prepaid, to Landlord at Landlord's Address for Notices and to Tenant at Tenant's <br />Address (as set forth in Section 1.01 (d) above). All notices shall be deemed to have been given <br />when deposited in the United States mail or with such overnight carrier or when personally <br />delivered, as aforesaid any notice may be given on behalf of any party by its counsel. <br />20.02 Partial Invalidity. If any provision of this Lease or the application thereof to any <br />person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this <br />Lease, or the application of such provision to persons or circumstances other than those to which <br />it is held invalid or unenforceable, shall not be affected thereby and each provision of this Lease <br />shall be valid and enforced to the fullest extent permitted by law. <br />20.03 Entire Agreement. This Lease constitutes the entire agreement between the parties <br />with respect to the subject matter hereof and all prior negotiations are merged into this Lease. Any <br />amendment, change or addition to this Lease shall be made only in writing and signed by both <br />parties. <br />20.04 Successors in Interest. The terms and conditions of this Lease shall be binding upon, <br />and shall inure to the benefit of, the parties and their respective successors and assigns, subject <br />however to the provisions of Section 11.01. <br />20.05 Headings. The section headings in this Lease are for convenience of reference only, <br />and shall not be construed or held in any way to explain, modify, amplify or add to the <br />interpretation, construction or meaning of this Lease. <br />20.06 Applicable Law. This Lease shall be governed by the laws of the state of Florida. <br />20.07 Definition of Landlord. The word "Landlord" is used herein to include the Landlord <br />and any subsequent owner of the Leased Premises as well as their respective successors and assigns, <br />each of whom shall have the same rights, remedies, powers, authorities and privileges as it would <br />have had, had it originally signed this Lease as Landlord; but any Landlord, whether or not named <br />herein, shall have no liability under this Lease after it ceases to hold title to the Leased Premises, <br />except for obligations which may have theretofore accrued; or if it never acquires title to the Leased <br />Premises. If Landlord is in breach or default with respect to Landlord's obligations or otherwise under <br />this Lease, Tenant shall look solely to the interest of Landlord in the Center for satisfaction of <br />Tenant's remedies. Neither Landlord, nor any partner in Landlord, shall have any personal liability <br />with respect to any of the provisions of this Lease. Landlord's affiliated companies, officers, directors, <br />agents or employees shall not be liable to the Tenant for indirect, special, incidental, consequential, <br />punitive or reliance damages arising under or in connection with this Lease or the performance of <br />Landlord's obligations hereunder, or from any breach or partial breach of the provisions of this Lease <br />or arising out of any act or omission of employees, servants, agents or invitees of Landlord whether <br />based on breach of contract, breach of warranty, negligence or any other theory of liability. It is <br />expressly understood and agreed that Landlord's liability, and the liability of any partner in Landlord, <br />under the terms, covenants, conditions, warranties, and obligations of this Lease shall in no event <br />exceed the loss of Landlord's interest in the Center. <br />27 <br />
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