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<br />06/04/03
<br />
<br />11:51
<br />
<br />AMSCOT FINANCIAL CORPORATE ~ 83139291907
<br />
<br />NO. 007
<br />
<br />Gl05
<br />
<br />"Common Areas" shall mean all of the automobile parking areas, driveways, and
<br />footways, landscaped areas, loading facilities and other areas and facilities in the Center which
<br />are designated as Common Areas from time to time by Landlord and which are available for use
<br />in common by all Tenant's at the Center.
<br />
<br />"Delivery Date" shall mean the date Landlord's Work (as defined in Section 6,1 hereof) is
<br />substantially complete and Landlord notifies Tenant that the Demised Premises are ready for the
<br />commencement of Tenant's Work. Landlord agrees to give Tenant thirty (30) days advance
<br />notice of the occurrence of the Delivery Date to allow Tenant to prepare to commence the
<br />Tenant's Work.
<br />
<br />"Effective Rate" shall mean the rate per annum which is the lesser of: (a) three hundred
<br />(300) basis points in excess of the Prime Rate of Interest announced from time to time by
<br />Citibank, N.A. or (b) the maximum rate permitted by law.
<br />
<br />"Environmental Statutes" shall mean all Laws concerning the protection of public safety
<br />or the environment, whether local state or federal, including, but not limited to, (a) Federal
<br />Clean Air Act, 42 V.S.C. 91857 et seq.; (b) Federal Water Pollution Act, 33 U.S.C, ~ 1151, et
<br />seq.; (c) Resource Conservation and Recovery Act of 1976,42 U.S,C. ~6901, et seq,; (d)
<br />Comprehen.sive Environmental Response, Compensation and Liability Act, 42 U.S.C, ~9601, et
<br />seq.; (e) Federal Clean Water Act, 33 U.S,C. ~1251, et seq.; (f) Toxic Substances Control Act, 15
<br />U.S,c. 92301, et seq.; and (g) Florida Air and Water Pollution Act, Chapter 403, Florida
<br />Statutes, as each shall be amended from time to time and those relating to the generation, use,
<br />handling, treatment, storage, transportation, release, emissi.on, disposal, remediation or presence
<br />of any material including Solid Waste, Hazardous Waste, Hazardous Substances or Hazardous
<br />Materials, as each shall be amended from time to time.
<br />
<br />"Governmental Authorities" shall mean all federal, state, and municipal governmental
<br />entities and all departments, commissions, boards and officers thereof.
<br />
<br />"Hazardous Substances," Solid Waste." "Hazardous 'Waste" and "Hazard.olls Materials"
<br />will have the meanings defined in any Environmental Statute," and shall in this Lease
<br />collectively be called "Hazardous Substances" and which shall include, without linlitation, any
<br />toxic waste, chemical pollutant, solid waste, combination of solid waste, or similar
<br />environmental hazard, which, because of its quantity, concentration, or physical, chemical or
<br />i.nfectious characteristics may cause or significantly contribute to (1) an increase in mortality, (ii)
<br />an irreversi.ble or incapacitating illness, or (iii) a s'ubstantial, present, or potential hazard to
<br />human health or the environment, when improperly treated, stored, transported or disposed, or
<br />otherwise managed, whether at such time of occurrence, it shall be deemed a violation of any
<br />Law.
<br />
<br />"Landlord's Address for Notices" shall mean the following address, or such other address
<br />as Landlord shall designate from time to time by notice to Tenant:
<br />
<br />DSC: 91367 5.5/FROOSI ,213045
<br />
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