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CONSENT TO COLLATERAL ASSIGNMENT AND AGREEMENT OF LESSOR <br />The undersigned Lessor under the Lease: <br />(a) Agrees to notify Assignee in writing of and upon Assignor's failure to cure any <br />default by Assignor under the Lease; <br />(b) Agrees that Assignee shall have the right, but not the obligation, to cure any default <br />by Assignor under the Lease within thirty (30) days after Assignee's receipt of notice of such <br />default; <br />(c) Consents to the attached Collateral Assignment and agrees that, in the event <br />Assignee (i) elects to take possession of the premises following a default by Assignor, and (ii) <br />confirms to Lessor in writing that it has assumed the Lease as tenant, Lessor shall fully recognize <br />Assignee as the tenant under the Lease so long as Assignee agrees to cure any then -existing default <br />by Assignor under the Lease within the thirty (30) day period noted in section (b) above; and <br />(d) Agrees that Assignee may further assign the Lease to, or enter into a sublease with, <br />a third -party person, firm or corporation who agrees to assume the tenant's obligations under the <br />Lease and is reasonably acceptable to Lessor (and upon such assignment, Assignee shall have no <br />further liability or obligation under the Lease as assignee, tenant or otherwise, other than to certify <br />that the additional assignee or sublessee operates the premises the Lease demises as a FIVE <br />GUYS® Restaurant). <br />Dated: April 13, 2023 LESSOR: <br />Indian River County, apolitical subdivision of the State of 'da <br />By: <br />Name: William K. DeBraal, Esquire <br />Title: O.,A,4%,,� w� <br />f� A•�2� <br />FIVE GUYS° - Letter Agreement to Supplement Lease Agreement - Flow Smart Five Sebastian, LLC <br />