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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 />