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<br />(lIvner: City "f ('"sselherry, 1,lorid" <br />/\tin: (icorgc 1\1;nnJ'lij <br />I\ddress: 'i5 Triplet Lake Drive Casselherry, Florid" 32707 <br />Telephone (407) 2(,2-7700 <br /> <br />II. Sale or Transfer llv Owner <br /> <br />Should Owner, at any time during the term of this Agreement, sell, lease, transler to <br />otherwise convey all or any part of Owner's Land to any transleree other than Lcssee, <br />then such transtCr shall be under and subject to this Agreement and all of Lessee rights <br />hen.~ullder. <br /> <br />12. Hazardous Substances <br /> <br />A. Owner warrants and agrees that neither Owner nor, to Owner's knowledge, any third <br />party, has lIsed, generated, stored or disposed of or permitted the LIse, generation, <br />storage or disposal of any hazardous material (as detined in paragraph 12(8) on, under, <br />about or within Owner's property in violation of any law or regulation. Owner and <br />Lessee each agree that they will not use, generate, store or dispose of any hazardous <br />material (as dellned in paragraph 12(8) on, under, about or within Owner's property in <br />violation of any applicable law or regulation. <br /> <br />8. Owner and Lessee each agree to delend and indemnify the other and the other's <br />partners, affiliates, agents and employees against any and all losses, liabilities, claims <br />and/or costs (including reasonable attorney's fees and costs) arising from any breach of <br />any warranty or agreement contained in paragraph 12(A). As used in paragraph 12(A), <br />"Hazardous Material" shall mean any substance, chemical or waste identified as <br />hazardous, toxic or dangerous in any applicable federal state or local law or regulation, <br />including petroleum or any petroleum product and any substance known by the state in <br />which the Land is located to cause cancer and/or reproductive toxicity. This paragraph <br />shall survive the termination of this Agreement. <br /> <br />13. Condemnation <br /> <br />A. In the event the whole of Owner's Land, including, without limitation, the Property, <br />shall be taken or condemned, either temporarily or permanently, for public purposes, or <br />sold to a condemning authority under thrcat of condemnation to prevent taking, then this <br />Agreement shall forthwith automatically cease and terminate. <br /> <br />8. In the event any portion of the Property shall be taken or condemned, either <br />temporarily or permanently, for public purposes, or sold to a condemning authority under <br />threat of condemnation to prevent a taking, then Owner agrees that Lessee may use <br />and/or construct upon an alternative portion of Owner's Property which is equally <br />