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including, but not limited to, Environmental Requirements under the Federal Water Pollution
<br />Control Act, as amended, the Federal Clean Air Act, as amended, the Resource Conservation &
<br />Recovery Act, the Noise Control Act, and the Toxic Substances Control Act, which are applicable
<br />to or arise out of or in connection with Lessee's use or occupancy of the Premises, after the
<br />Commencement Date. Lessor represents to the Lessee that to the best of Lessor's actual knowledge
<br />the Premises does not contain any Hazardous Materials (as hereinafter defined) and is not in
<br />violation of any existing environmental laws, rules, or ordinances. As used herein, the term
<br />"Hazardous Materials" shall mean and be defined as any and all toxic or hazardous substances,
<br />chemicals, wastes, sewage, materials or pollutants, of any kind or nature, which are now or
<br />hereafter regulated, controlled, governed, restricted or prohibited by any federal, state or local law,
<br />code, decision, statute, regulation, rule, or ordinance currently in existence or hereafter enacted or
<br />rendered.
<br />Section 12.10. Radon Gas. Radon is a naturally occurring radioactive gas that, when it has
<br />accumulated in a building in sufficient quantities, may present health risks to persons who are
<br />exposed to it over time. Levels of radon gas that exceed Federal and State guidelines have been
<br />found in buildings in Florida. Additional information regarding radon and radon testing may be
<br />obtained from your County Public Health Unit.
<br />Section 12.11. Brokerage. Lessor and Lessee warrant and represent to each other that there
<br />were no brokers or agents instrumental in consummating this lease.
<br />Section 12.12. Memorandum of Lease. Lessor and Lessee shall execute in recordable form
<br />the Memorandum of Lease attached hereto as Exhibit "B", which Memorandum may be recorded
<br />in the Public Records of St. Lucie County, Florida.
<br />Section 12.13. Subletting; Assiginnent. Lessee may not sublease or assign any of its rights
<br />hereunder, without the prior written consent of Lessor.
<br />Section 12.14. Construction. No party shall be considered the author of this Lease since
<br />the parties hereto have participated in negotiations and drafting of this document to arrive at a final
<br />agreement. Thus, the terms of this Lease shall not be strictly construed against one party as opposed
<br />to the other party based upon who drafted it. In the event that any section, paragraph, sentence,
<br />clause, or provision hereof is held by a court of competent jurisdiction to be invalid, such shall not
<br />affect the remaining portions of this Lease and the same shall remain in full force and effect. In
<br />the event of a conflict between the provisions of this Lease and the Interlocal Agreement, the
<br />provisions of this Lease shall govern; provided, however, that failure of this Lease to address or
<br />make reference to any particular matter in the Interlocal Agreement shall not be deemed a conflict.
<br />Section 12.15. No Third -Party Beneficiary, Each of the parties agree that no individual
<br />and/or entity is intended to have, nor shall such individual and/or entity be deemed to have, any
<br />rights or remedies as a third party beneficiary to, or under, this Agreement or otherwise and each
<br />of the parties acknowledge and agree that any benefit conferred to any such individual and/or entity
<br />is, and shall be deemed for all purposes to be, merely incidental.
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