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ention of the <br /> stored at Tenant' s risk and expense . It is the intlaws of the Stateparties of Flor da puachased or <br /> furnishings and equipment as defined under the a <br /> leased by Tenant , shall be and will This always Lease remain incorporates ates personal <br /> andproperty <br /> includes h Tenant . <br /> all prior and <br /> 10 . 2 . Entirety of Lease . <br /> contemporaneous negotiations , correspondence , conversations , agreements or <br /> understandings applicable to the matters contained herein and the parties agree that there <br /> are no commitments , agreements , or understandings of any nature whatsoever concerning <br /> the subject matter of the Lease that are not contained in this document . Accordingly , it is <br /> agreed that no deviation from the terms hereof shall be predicated upon any prior or <br /> contemporaneous representations or agreements , whether oral or written . <br /> 10 . 3 . Modification . This Lease may be modified , altered , or amended only by a written <br /> document authorized and executed by both parties with the formality and of equal dignity <br /> herewith . This Lease may not be amended , altered or modified by oral agreements or <br /> understandings between the parties unless they are reduced to a written document <br /> authorized and executed by both parties with the formality and of equal dignity herewith . <br /> 10 . 4 . Governing Law . This Lease shall be governed by the laws of the State of Florida and <br /> any and all legal action instituted because of this Lease shall be instituted in Indian River <br /> County , <br /> 10 . 5 . No Waiver . Each right , power and remedy of the parties provided in this Lease <br /> shall be cumulative and concurrent and shall be in addition to every other right , power or <br /> remedy provided for in this Lease or now or hereafter existing at law or in equity or by <br /> statute or otherwise . The failure of either party to insist upon compliance by the other <br /> party with any obligation , or exercise any remedy , does not waive the right to do so in the <br /> event of a continuing or subsequent delinquency or default . A party ' s waiver of one or <br /> more defaults does not constitute a waver of any other delinquency or default . <br /> 10 . 6 . Costs . If any legal action or other proceeding is brought for the enforcement of this <br /> Lease or because of an alleged dispute , breach , default , or misrepresentation in <br /> connection with any provisions of this Lease , each party shall bear its own costs . <br /> 10 . 7 . Severability . If any term , covenant or provision of this Lease , or the application <br /> thereof to any person or circumstances shall , to any extent , be held invalid or <br /> unenforceable for the remainder of this Lease , then the application of such terms or <br /> provision to persons or circumstances other than those as to which it is held invalid or <br /> unenforceable shall not be affected , and each and every other term and provision of this <br /> Lease shall be deemed valid and enforceable to the fullest extent permitted by law . <br /> 10 . 8 . Captions . Captions in this Lease are included for convenience only and are not to <br /> be considered in any construction or interpretation of this Lease or any of its provisions . <br /> The words " hereof' and " herein " mean this Lease . <br /> 10 . 9 . Construction . All pronouns and any variations thereof shall be deemed to refer to <br /> the masculine , feminine or neuter , singular or plural , as the identity of the party or parties <br /> may require . The parties hereby acknowledge and agree that each was properly <br /> represented by counsel or had the opportunity so be represented , and this Lease was <br /> negotiated and drafted at arm ' s - length so that the judicial rule of construction to the effect <br /> that a legal document shall be construed against the drafter shall be inapplicable to this <br /> Lease . <br /> 10 . 10 . Approval . The terms of this Lease are subject to modification by the Indian River <br /> County Board of County Commissioners at the December 23 , 2008 meeting . <br /> 6 <br />