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10 . 5 . NO WAIVER . Each right , power and remedy of the parties provided in this Lease shall <br /> be cumulative and concurrent and shall be in addition to every other right, power or remedy <br /> provided for in this Lease or now or hereafter existing at law or in equity or by statute or <br /> otherwise . The failure of either party to insist upon compliance by the other party with any <br /> obligation , or exercise any remedy, does not waive the right to do so in the event of a <br /> continuing or subsequent delinquency or default . A party' s waiver of one or more defaults does <br /> 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 connection <br /> 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 unenforceable for <br /> the remainder of this Lease , then the application of such terms or provision to persons or <br /> circumstances other than those as to which it is held invalid or unenforceable shall not be <br /> affected , and each and every other term and provision of this Lease shall be deemed valid and <br /> 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 be <br /> considered in any construction or interpretation of this Lease or any of its provisions . The <br /> words "hereof' and " herein " mean this Lease. 20 <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 may <br /> require . The parties hereby acknowledge and agree that each was properly represented by <br /> counsel or had the opportunity so be represented , and this Lease was negotiated and drafted at <br /> arm 's-length so that the judicial rule of construction to the effect that a legal document shall be <br /> construed against the drafter shall be inapplicable to this Lease . <br /> 10 . 10 . APPROVAL . The terms of this Lease were approved in concept at the Indian River <br /> County Board of County Commissioners meeting of November 20 , 2007 ; however, this Lease is <br /> subject to modification by the Indian River County Board of County Commissioners at the <br /> December 18 , 2007 meeting . <br /> IN WITNESS WHEREOF , the parties have set their hands and seals to the foregoing <br /> Lease as of this 20th day of November, 2007 . <br /> Landlord : <br /> BOARD OF COUNTY COMMISSIONERS <br /> OF INDIAN RIVER COUNTY, FLORIDA <br /> ORIDA <br /> e y BWer <br /> JoA . B County Administrator, under <br /> deon of authority in County Attorney <br /> MAgenda item 12A, Board of County <br /> Csioners Meeting of November 20 , 2007 <br /> Appr ed as to farm and legal sufficiency: <br /> J , avian E . Fell , Assi tarn County Attorney <br /> 5 <br />