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<br />10. Complete Termination Subsequent to Partial Termination. Landlord and Tenant
<br />recognize that despite the right of Tenant to compensation for the partial taking, Landlord also
<br />reserves the right to terminate the Amended Lease as to the remaining fifty percent (50%) of the
<br />Leased Premises at any time after the fourth (4th) full year of the Term (or earlier upon the
<br />mutual agreement of Landlord and Tenant) upon ninety (90) days' prior written notice to Tenant.
<br />In the event that taking is completed by termination of the entire Amended Lease on the part of
<br />Landlord following the partial taking, Landlord shall compensate Tenant for the taking of
<br />Tenant's remaining leasehold interest in the Leased Premises in accordance with the formula set
<br />forth in Exhibit "D" attached hereto, and incorporated herein.
<br />
<br />11. Relocation Costs. At the time of termination of the entirety of the Amended
<br />Lease (but not at the time of the partial taking), and in the event the Amended Lease is
<br />terminated by Landlord, Landlord shall pay all relocation costs contemplated by the Florida
<br />Statutes, as amended, including, but not limited to, relocation of inventory, relocation of
<br />telephone lines, and relocation of signage.
<br />
<br />12. Improvements. Landlord recognizes that Tenant has made improvements to the
<br />Leased Premises. In regard to the building existing thereon and other permanent fixtures,
<br />Landlord agrees to pay fair market value for such improvements if the Amended Lease is
<br />terminated in its entirety.
<br />
<br />13. Guaranty of Lease and Right of First Refusal. Section 55, Guaranty of Lease, and
<br />Section 58, Right of Refusal, of the Original Lease are deemed stricken and of no further force
<br />and effect.
<br />
<br />14. Memorandum of Lease. Simultaneously with the execution of this First
<br />Addendum, the parties shall execute and cause to be recorded as soon thereafter as practicable in
<br />the public records of the county wherein the Property is located that certain Memorandum of
<br />Lease a copy of which attached to this First Addendum as Exhibit "E."
<br />
<br />15. Insurance and Indemnification. Upon the execution of this First Addendum,
<br />Tenant shall carry and maintain, at its sole cost and expense, general and commercial liability
<br />insurance up to One Million Dollars ($1,000,000) per occurrence and Two Million Dollars
<br />($2,000,000) in the aggregate for bodily injury and property damage. Tenant shall indemnify
<br />Landlord for, defend Landlord against and save Landlord harmless from, any liability, loss, cost,
<br />injury, damage or other expense or risk whatsoever that may occur or be claimed by or with
<br />respect to any person(s) or property on or about the Leased Premises and resulting directly or
<br />indirectly from the use, misuse, occupancy, possession or disuse or the Leased Premises by
<br />Tenant or other persons claiming through or under Tenant, or their respective agents, employees,
<br />licensees, invitees, guests or other such persons and Tenant's maintenance of the condition of the
<br />Leased Premises with the exception of any liability, loss, cost, injury, damage or other expense
<br />or risk caused by Landlord or Landlord's employees, agents or contractors. Landlord hereby
<br />indemnifies and holds Tenant harmless from and against any and all claims, demands, liabilities,
<br />and expenses, including attorney's fees, arising from any breach or default by Landlord of this
<br />Amended Lease, or the use, operation or maintenance of the Property, except to the extent
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