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lawfully assessed and levied against the leased premises subsequent to the <br />effective date of this lease. In no event shall the LESSEE be held liable for <br />such liabilities which arose prior to the effective date of this lease. <br />16. NO WAIVER OF BREACH: The failure of LESSOR to insist in any one or more <br />instances upon strict performance of any one or more of the covenants, terms <br />and conditions of this lease shall not be construed as a waiver of such <br />covenants, terms or conditions, but the same shall continue in full force and <br />effect, and no waiver of LESSOR of any of the provisions hereof shall in any <br />event be deemed to have been made unless the waiver is set forth in writing, <br />signed by LESSOR. <br />17. TIME: Time is expressly declared to be of the essence of this lease. <br />18. NON-DISCRIMINATION: LESSEE shall not discriminate against any <br />individual because of that individual's race, color, religion, sex, national <br />origin, age, handicap, or marital status with respect to any activity <br />occurring within the leased premises or upon lands adjacent to and used as an <br />adjunct of the leased premises. <br />19. UTILITY FEES: LESSEE shall be responsible for the payment of all <br />charges for the furnishing of gas, electricity, water and other public <br />utilities to the leased premises and for having the utilities turned off when <br />the leased premises are surrendered. <br />20. MINERAL RIGHTS: This lease does not cover petroleum or petroleum <br />products or minerals and does not give the right to LESSEE to drill for or <br />develop the same. <br />21. RIGHT OF AUDIT: LESSEE shall make available to LESSOR all financial and <br />other records relating to this lease, and LESSOR shall have the right to audit <br />such records at any reasonable time during the term of this lease. This right <br />shall be continuous until this lease expires or is terminated. This lease may <br />be terminated by LESSOR should LESSEE fail to allow public access to all <br />documents, papers, letters or other materials made or received in conjunction <br />with this lease, pursuant to the provisions of Chapter 119, Florida Statutes. <br />22. CONDITION OF PREMISES: LESSOR assumes no liability or obligation to <br />LESSEE with reference to the conditions of the leased premises. The leased <br />premises herein are leased by LESSOR to LESSEE in an "as is" condition, with <br />Page 5 of 14 <br />Lease No. 4490 <br />R11/26/03 <br />