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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
Fields
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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20.09 Brokers in Connection with Lease. Tenant represents and warrants to Landlord that <br />other than the Broker, if any, Tenant has had no dealings, negotiations or consultations with respect <br />to the Leased Premises or this transaction with any broker or finder, and that no broker or finder <br />called the Leased Premises to Tenant's attention for lease or took part in any dealings, negotiations <br />or consultations with respect to the Leased Premises or this Lease. Tenant agrees to indemnify, <br />defend and save the Landlord harmless from and against all costs, fees (including, without <br />limitation, reasonable attorney's fees and court costs), expenses, liabilities and claims incurred or <br />suffered as a result of breach of its representation and warranty set forth above. <br />20.11 No Partnership. Any intention to create a partnership or joint venture relationship <br />between Landlord and Tenant is hereby expressly disclaimed; and no relationship other than that <br />of Landlord and Tenant is intended between the parties hereto. <br />20.12 Effect of Statements Submitted by Landlord. Tenant's failure to object to any <br />statement, invoice or billing rendered by Landlord within a period of thirty (30) days after receipt <br />thereof shall constitute Tenant's acquiescence with respect thereto. <br />20.13 Documents and Instruments. In connection with a request by Tenant for Landlord to <br />review, prepare, execute, deliver, consent to and/or approve a document or instrument, Tenant shall <br />pay Landlord for Landlord's reasonable costs and expenses incurred therefor. <br />20.14 Counterparts. This Lease may be executed in one or more counterparts, all of which <br />shall be deemed to be an original. <br />20.15 Tenant's Signature. If Tenant consists of more than one (1) party, each such party's <br />liability shall be joint and several. <br />20.16 Time of the Essence. Time is of the essences of the Lease and all provisions hereof. <br />20.17 Force Majeure. In the event that Landlord or Tenant shall be delayed, hindered in or <br />prevented from the performance of any act required hereunder (other than the payment of money) by <br />reason of strikes, labor troubles, inability to procure materials, failure of power, riots, insurrection, <br />terrorist activity, weather conditions, the failure to act or default of the other party, by war or other <br />reason beyond its control, whether similar or dissimilar to any of the foregoing, then. The performance <br />of any such act shall be extended for a period equivalent to the period of such delay In the event that <br />Landlord or Tenant shall be delayed, hindered in or prevented from the performance of any act required <br />hereunder (other than the payment of money) by reason of strikes, labor troubles, inability to procure <br />materials, failure of power, riots, insurrection, terrorist activity, weather conditions, the failure to act or <br />default of the other party, by war or other reason beyond its control, whether similar or dissimilar to <br />any of the foregoing, then. The performance of any such act shall be extended for a period equivalent <br />to the period of such delay. <br />20.18 OFAC Compliance. <br />(a) Tenant represents and warrants that (i) Tenant and each person or entity owning an <br />interest in Tenant is (A) not currently identified on the Specially Designated Nationals and Blocked <br />Persons List maintained by the Office of Foreign Assets Control, Department of the Treasury <br />28 <br />
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