Florida Provisions. (a) In the event the parties elect to calculate the Florida documentary stamp tax and intangible personal property tax due as a result of any Mortgage in the State of Florida using a value limitation approach, the tax calculations will be computed on a reasonable basis using the information reasonably related to the value of the applicable properties, and if at any time thereafter the Administrative Agent or the Majority Lenders determine, based on applicable law, that the Secured Parties are not being afforded the maximum amount of security available from any one or more of the Florida Properties as a direct or indirect result of such approach, the Borrowers agree (i) to execute, acknowledge and deliver to the Administrative Agent, immediately upon request by the Administrative Agent or the Majority Lenders, supplemental affidavits, mortgage modifications or other notice documents in recordable form increasing the amount of security afforded by such Mortgage, if any, and (ii) to pay any additional documentary stamp tax and intangible tax due as a result of such increase.
(b) The following Florida provision does not limit the express choice of New York law set forth in Section 10.12 of this Agreement and as set forth in the other Loan Documents, and is set forth herein, if and to the extent that, notwithstanding the choice of law provisions contained in this Agreement and the other Loan Documents, Florida law is held to govern this Agreement, any Mortgage Document encumbering a Property located in Florida or any other Loan Document:
Florida Provisions. Florida. The following Florida provisions are not intended to, and do not, limit the express choice of New York law set forth in Section 10.12 of this Agreement and as set forth in the other Loan Documents, and are set forth herein, if and to the extent that, notwithstanding the choice of law provisions contained in this Agreement or the other Loan Documents, Florida law is held to govern any Mortgage encumbering a Financed Property located in Florida or any other Loan Document:
(i) The parties acknowledge and agree that the Default Rate provided for herein shall also be the rate of interest payable on any judgments entered in favor of Administrative Agent in connection with the loan evidenced hereby.
Florida Provisions. The following provisions shall apply with respect to any Site located in the State of Florida.
Florida Provisions. In the event the Administrative Agent or the Majority Lenders elect to calculate the Florida documentary stamp tax and intangible personal property tax due as a result of any Mortgage in the State of Florida using a value limitation approach, the tax calculations will be computed on a reasonable basis using the information reasonably related to the value of the applicable properties, and if at any time thereafter the Administrative Agent or the Majority Lenders determine, based on applicable law, that the Secured Parties are not being afforded the maximum amount of security available from any one or more of the Florida Properties as a direct or indirect result of such approach, the Borrowers agree (i) to execute, acknowledge and deliver to the Administrative Agent (or, if instructed by the Administrative Agent, the Collateral Agent), immediately upon request by the Administrative Agent or the Majority Lenders, supplemental affidavits, mortgage modifications or other notice documents in recordable form increasing the amount of security afforded by such Mortgage, if any, and (ii) to pay any additional documentary stamp tax and intangible tax due as a result of such increase.
Florida Provisions. Notwithstanding anything contained to the contrary in this Mortgage or in any other Loan Document, if any conflict or inconsistency exists between this Section and this Mortgage or the other Loan Documents with respect to the Mortgaged Property located in Florida, this Section shall govern.
Florida Provisions. The following provisions shall apply to each Property located in the State of Florida:
Florida Provisions. Section 1.4.1 In accordance with the applicable provisions of Chapter 713 of the Florida Statutes, Tenant has no authority to and shall not create any liens for labor or material on or against the Property or any interest therein, and no such liens shall extend to the interest of Landlord in the Land, the Facilities or any other portion of the Property under any circumstances. Tenant agrees to notify all materialmen, suppliers, contractors, mechanics, or laborers involved with demolition, construction, installation, alteration or repair of any improvements on, within or about the Land, the Facility or other Property at Tenant’s request, that such party must look only to Tenant or Tenant’s other property interests for payment. All such materialmen, suppliers, contractors, mechanics and laborers may be put on notice that they must look only to Tenant and to Tenant’s interest in the Property for such work or improvements as provided in this Section by the recordation, at Landlord’s option, of a notice in accordance with Florida Statutes 713.10 in the Public Records of the county in which the Property is located, or the inclusion of notice of this provision in the recorded short form memorandum of this Lease contemplated by Section 25.12.
Section 1.4.2 Prior to commencement by Tenant of any work on the Property, Tenant will record or file a notice of commencement (“Notice of Commencement”) in the land records of the county in which the Property is located identifying Tenant as the party for whom such work is being performed, stating such other matters as may be required by law and requiring the service of copies of all notices, liens or claims of lien with respect to the work covered by the Notice of Commencement to Landlord. The Notice of Commencement shall clearly reflect that the interest of Tenant in the Property is that of a leasehold estate. A copy of the Notice of Commencement will be furnished to Landlord after filing of such Notice of Commencement.
Section 1.4.3 In the event of the termination of the Lease or possession of the Leased Premises, Landlord shall have the right to accelerate Rent as permitted by Florida law.
Section 1.4.4 The lien and security interest granted by the applicable section in the lease is in addition to Landlord’s statutory lien under Chapter 83 of the Florida Statutes and is cumulative thereto.
Florida Provisions. 3.6.1 Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county health unit.
3.6.2 Buyer acknowledges receipt of the information brochure required by Section 553.996, Florida Statutes.
Florida Provisions. The following Florida provision does not limit the express choice of New York law as set forth in Section 10.3 of this Agreement and the other Loan Documents. If and to the extent that, notwithstanding the choice of law provisions contained in this Agreement and the other Loan Documents, Florida law is held to govern this Agreement, any Mortgage Document encumbering a Property located in Florida or any other Loan Document:
Florida Provisions. The following provisions are applicable to any Property in Florida:
13.35.2.1 Pursuant to Section 404.056(6.1), Florida Statutes, the following notification regarding radon gas is hereby made, and all parties executing this Contract acknowledge receipt of this notification: Radon Gas: “Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county public health unit”.
13.35.2.2 Buyer acknowledges that it has received a copy of The Florida Building Energy-Efficiency Rating System Brochure as provided by the state of Florida, Department of Community Affairs, as required by section 553.996, Florida Statutes. 13.35.2.3 BUYER UNDERSTANDS AND ACKNOWLEDGES THAT GIVEN THE CLIMATE AND HUMID CONDITIONS IN THE STATE OF FLORIDA, FUNGI, MOLD AND MILDEW MAY EXIST OR DEVELOP WITHIN THE PROPERTY. BUYER HEREBY AGREES THAT UPON THE CLOSING, BUYER SHALL ASSUME ALL RISK, KNOWN AND UNKNOWN, ASSOCIATED WITH THE EXISTENCE OF FUNGI, MOLD OR MILDEW ON, AT, IN, ABOUT OR THROUGHOUT THE PROPERTY.
