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May 2219,08:48a Phanto Fireworks FL Tents 813-475-6586 p.8 <br /> RM__E_MV_1TY. Tenant shall indemnify,defend,and hold the Landlord harmless-from any claims in connection <br /> with any injury or damage caused to any person or property arising out of Tenant's use or occupancy of the leased location <br /> space. Tenant shall not indemnify or be liable to Landlord for the negligent acts of Landlord,its employees or agents. <br /> Tenant agrees to smender possession of the property to the <br /> Landlord upon termination of this aereement in as Pant anviditinn ;knA rpn%%ir pe the cant- o­11 kc cn !h= <br /> occupied the property hereunder -- ORDINARY WEAR AND TEAR EXCEPTED. The Tenant shall make any and all <br /> repairs necessary to restore. any portion of the property where such rerAciation is riecessitated by the Tenant's tMe of the <br /> location space on the property. Tenant agrees to keep the location space clean and free from garbage and trash during the <br /> term of this lease and remove all property owned by Tenant prior to surrendering occupancy. <br /> Q_PTION. If Tenant has met all of its obligations hereunder,Tenant shall have the option to lease the premises for <br /> the same purpose for the next Fireworks wiling season by giving notice to the Landlord. <br /> CHANGE 1hL LAW, In the event that the sale of consumer fireworks is prohibited for any portion of the term by <br /> any level of judicial,legislative or executive law,order,rule or regulation,this lease shall,upon notice from the Tenant, <br /> terminate,whereupon any advanced rental payment shall be returned to the Tenant on a pro rasa basis(number of days of <br /> term occupied)and the Tenant shall be relieved from any further liability hereunder. <br /> PERMITTING. This agreement is contingent upon Tenant securing,at its cost and expense,all required local and <br /> state licenses and permits to sell 1.4G(Class Q consumer Fireworks at the location space on the property. If Tenant cannot <br /> secure such licenses and permits prior to commencement of the lease period, any pre-paid amounts shall be refunded and <br /> this agreement shall be null and void. <br /> PROPERIX6��ALE OF�PRQPERTY. If the property is inaccessible or unusable due to construction or the like,or <br /> if Landlord attempts to move the location space or;the property,this lease is subject to revision on terms acceptable to <br /> Tenant. If Landlord sells the property to a third party buyer,Landlord shall have the right to terminate this lease upon 90 <br /> days' notice to Tenant or transfer this lease to the buyer- Upon termination hereunder,Landlord shall refund to Tenant all <br /> rental payments made to date. Landlord shall not sell the property to another fireworks seller or to a third party with the <br /> intent of defeating Tenant's right to sell Fireworks on the location space in favor of any other fireworks vendor. <br /> ATTORNEY' � In any action or proceeding to enforce,interpret or declare rights under this agreement,the <br /> prevailing party shall be entitled to its reasonable attorney fees,costs and litigation expenses. <br /> ENTIRE_AqREE1 tT_ This agreement and any incorporated exhibits or attachments contain the entire <br /> agreement between the parties and cannot be modified in any manner other than by an agreement in writing signed by the <br /> parties with the same formalities attendant to the execution of this agreement, Each understanding, teem and provision of <br /> this agreement*4 be construed to be a promise,covenant and condition.This agreement supersedes any previously signed <br /> agreement(s),signed or unsigned,oral or written between the parties. <br /> PROVISIONS_BINDING. The agreements herein shall be binding upon and inure to the benefit of the parties. <br /> their heirs,executors,administrators,personal representatives,successors and assigns. <br /> IN WITNESS WHEREOF,the Landlord and Tenant have executed this agreement,each party acknowledging <br /> receipt of an executed copy hereof. <br /> PHANTOM FIREWORKS EASTERN REGION <br /> Wame of iandinrd Pntttvi "T PnAlnMI. e� <br /> Name: <br /> Title; Title: <br /> D Date: ate. <br />