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`I
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`TTAB
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Konarqui Internet services. LLC,
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`0PP°59“
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`{@093 if
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`I
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`v.
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`’
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`Opposition No.: 91218927
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`Carlos A. Zabalza
`Applicant
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`
`
`ANSWER TO" 0PPOSER’S NOTICE OF OPPOSITION
`
`Carlos A. Zabelza (“Applicant") answers Konarqui Internet Services, LLC's (“Opposer”)
`Notice ofOpposition as follows:
`
`1) The Applicant lacks knowledge or information sufficient to form a belief about
`the truth oftile 1" paragraph.
`2) The Applicant lacks knowledge or information suraclem to form a belief about
`tlw truth ofthe 2"’ paragraph.
`3) The allegation ofparagraph 3"’ is admitted.
`4) The allegation of paragraph 4"‘ is denied. On or about September 4", 2013 the
`Applicant bought a restaurant located at 801 Brickell Bay Drive, Miami, Florida
`33131. On September 19", 2013 the Applicant filed a registration application to
`register the mark “LOL LAUGH OUT LOUD RESTO BAR.” Said application
`was approved and the mark has been used by the Applicant since then.
`In
`addition to that, using his registered mark, on April ll“, 2014 the Applicant
`opened a second place, a cafeteria/bar, located at the same address 801 Brickell
`Bay Drive, Miami, Florida 33131. Currently, the Applicant is in the process of
`selling his first restaurant but he will continue operating the cafeteria/bar which he
`is planning to improve. As such, there is not lack of commercial use of the
`Applicant’s registered mark neither before the Opposer filed his registration
`application on March 27"‘, 2014 nor after it.
`The Applicant has neither
`5) The allegations of paragraph 5”’ are denied.
`discontinued his mark “LOL LAUGH OUT LOUD RBSTO BAR” nor has be
`abandoned it. The Applicant is currently operating a cafeteria/bar under his
`
`.
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`. 6) The Applicant lacks knowledge or information sufficient to form a belief about
`memnhorpemgmpo1o*esiab1ishinguia:moopposernasbeendunagedby
`Applicant's application; however, the Applicant would sufier damages if the
`present opposition is sustained because the Applicant has filed and registered the
`manic “LOL LAUGH OUT LOUD RESTO BAR” more than one (1) year ago and
`sustaining Opposer's opposition would make the Applicant to lose a business
`already established under such mark.
`WHEREFORE, for the forgoing reasons, the Applicant requests this opposition not to
`be sustained, so that the Applicant is able to keep using his mark “LOL LAUGH OUT
`LOUD RESTO B
`” which he has been using since it was registered.
`
`
`
`
`
`15445 sw 2 "' Terra
`Miami, FL 33185
`United States
`
`Iherebycatlfythetatrueandcomplete
`Ofopposltlon has been served on w ui Internet Services, LLC
`November 25"‘, 2014 via First Class
`=4 to: Sanchelima & Associates, P - at 235 sw Le leune
`Rd., Miami, FL 33134.
`
`~
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`

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`
`
`THIS LEASE OF A COMMERCIAL UNIT DATED August I, 2014 between The Four Ambassadors Association,
`lnc., A Florida Not for Profit Corporation (Landlord), and ____CVZ Corp, doing bulsness as, LOL Resto
`
`Bar
`(Tenant). The patties agree as follows:
`
`1-
`
`In consideration of the mutual promises herein, the landlord hereby leases to the Tenant, and Tenant
`a. Premises.
`hereby rents from Landlord, a portion, the premises known as Condominium Unit legally described as follows:
`
`That portion of 4CL4lK (the Unit) shown in the attached blueprint, Exhibit "A", attached hereto in The Four
`Ambassadors, a Condominium, the Declaration of which was filed under Clerks File No., 81R-151078 and recorded in
`the Official Records Book lll2l, Page l6l4 of the Public Records of Dade County, Florida, as amended (the
`Declaration of Condominium), together with an undivided interest in the common elements appurtenant thereto as set
`forth in said Declaration (the Leased Premises).
`
`
`
`commencing on
`(unless earlier
`
`b. Term of Lease. The term of this Lease shall be for _____Five Years
`August 1, 2014
`and terminating on _____July 31. 2019
`terminated pursuant to the terms of this lease.
`
`2. &§NT.
`
`The Tenant agrees to pay to the Landlord without offset, deduction, or demand to Landlord, The Four Ambassadors
`Association, Inc., 825 Brickell Bay Drive Drive, Suite 250, Miami, Florida 33131 or such other place or places as
`Landlord may from time to time designate in writing, the following rents:
`
`a The First Six Months (6) No rent August,Septcmber, October, November, December, January
`
`b. Commencing February 2015 Rent shall be $500.00 per month plus tax for Six Months
`
`c. Commencing August 2015 Rent shall be $1000.00 per month plus tax until Lease Ends.
`
`If any
`.(ii) Tenant will not install any equipment which will exceed or overload the capacity of any utility facility.
`equipment installed by Tenant shall require additional utility facilities, the same shall be installed at tenants expense
`with prior approval of landlord (and, if necessary, of the Associations).
`
`3-
`
`(a) Use and Occupancy of Premises. The premises shall be used by Lessee as an:
`POOL BAR _& FOOD KIOSK
`which must be approved by Lessor and as permitted by the applicable Association documents. The tenant will not keep
`or sutfer to keep, any articles or substances on the premises that might create a fire hazard, or which might increase the
`insurance premium of the building.
`
`(b) Possession and Construction. As per attached plans.
`
`(c) The tenant may afiix locks or other hardware to the demised premises if the tenant should choose to do so
`should notify the Landlord thereof. Before afiixing any locks to the demised premises, the tenant shall provide
`landlord with appropriate keys and tenant shall not replace any locks without giving the Landlord keys thereto prior to
`affixing them to the demised premises.
`
`((1) Condominium Documents.
`(i) The leased premises are part of the condominium, and occupancy thereof is governed by the Declaration of
`Condominium and by the articles of incorporation, by-laws and rules of the Association and by the Declaration of
`Covenants, Restrictions, and Basements relating to the Condominium (the “Master Covenants"). All such instruments
`A.
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`

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`are herein called the "Condominium Documents". All terms used herein having reference to the Condominium shall be
`defined as the same are defined in the Declaration of Condominium and Chapter 718 of the Florida Statutes. The
`landlord represents that it is the owner ofthe leased premises. Tenant has been made aware of the rules and regulations
`of the Associations and agrees to abide thereby and to comply with and abide by any additional rules and regulations
`which may be promulgated while tenant has possession of the leased premises. Tenant will do no act or thing which
`will jeopardize landlord's ownership of the unit and agrees to abide by and observe and comply with all of the terms
`and conditions of this Lease and the aforedescribed condominium documents.
`
`In the event of a breach of any mle, regulation, covenant, restriction, tenant shall be solely responsible to pay to the
`Association, any and all penalties, fines, fees assessed or levied against the violation.
`in connection with the foregoing,
`tenant does hereby save harmless and indemnify reasonable attorney's fees (and attorney's fees on appeal) and court
`costs arising out of or in connection with tenant's default.
`(ii) Tenant acknowledges the receipt from landlord or landlord's prospectus for the unit and of all the other
`documents and items described in the Receipt for Condominium Documents attached hereto.
`
`5. BlJIL,Dlfl_(_i SERVIQES.
`(a) Tenant acknowledges that to the extent that building services such as public stairs and restroom facilities,
`common area lighting, cleaning services, water and sewer facilities, waste collection and pest control are provided,
`such services are provided by the Condominium Association and the Lessor will assume no responsibility for providing
`same, nor will assume any liability in conjunction with these services.
`(b) Tenant shall use its best efforts to care for and preserve the HVAC equipment located in the leased premises and
`shall not permit such equipment to be damaged, blocked, entered or tampered with by any person. Tenant shall permit
`landlord and its agents to service, repair, maintain and replace such equipment during reasonable hours, or at any hour
`in an emergency, it being agreed that landlord has no obligation to do so.
`(c)
`In the event that landlord detennincs that any repair or maintenance repairs by the HVAC equipment is the
`proximate result of tenants breach of its obligations hereunder or its negligence or intentional actions with regard to
`such l-XVAC equipment, tenant shall promptly pay all charges for such repairs or maintenance, including replacement of
`such HVAC equipment if necessary.
`
`6-
`a
`(a) All common areas and other facilities in or about the leased premises shall be subject to the exclusive control and
`management of the Association as provided in the Condominium Documents.
`(b) Parking ~ Tenant shall, during the term ofthis lease, be entitled to the use of: No Parking included.
`(c) None ofthe acts, promises, covenants, agreements, or obligations on the part ofthe tenant to be kept, performed
`as the case may be, nor the obligation oftenant to pay rent or other charges or payments shall be in anywise waived,
`impaired, excused or affected by any act of omission of Landlord or the Associations in connection with leased
`premises.
`
`7.
`
`TE
`I
`O R
`N
`AS
`a) Landlord reserves the right from time to time and to the extend pemtitted by the Condominium Documents to
`make changes, additions, and elimination's in and to the Leased Premises. provided the same do not unreasonably
`interfere with Tenant's use of the premises. No such changes, or any ofthem, shall invalidate or affect this lease.
`b) All repairs or alterations including but not limited to partitioning, HVAC and repairs to fixtures and equipment,
`shall be performed by Tenant at Tenant's sole cost and expense and shall require Landlord's written approval.
`c) Tenant shall not make any structural alterations in or additions to the leased premises.
`if structural alterations
`become necessary because of the application of laws or ordinances or of the directions, rules and regulations of any
`regulatory body to the business carried on by the Tenant or because the Tenant has overloaded any electrical, HVAC,
`or other facility, Tenant shall make such structural alterations at this own cost and expense alter first obtaining
`Landlord's written approval of plans and specifications and fumishing such indemnification against liens, costs,
`damages, and expenses as Landlord may reasonably require.
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`\I\..r\
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`cl) Tenant will not place or suffer to be placed or maintained on any exterior door, wall or window of the Leased
`Premises any sign, awning, or canopy or advertising matter or other things of any kind, and will not place or maintain
`any decoration, lettering, or advertising matter on the glass of any window or door ofthe leased premises without first
`obtaining Landlord's written approval and consent. Tenant further agrees to maintain such sign, awning, canopy,
`decoration, lettering, advertising matter or other thing as may be approved in good condition and repair at all times.
`e) All additions, alterations and improvements made in or to the demised premises shall become the property ofthe
`landlord and be surrendered with the premises at the termination ofthis lease. Tenant shall have the right to remove or
`replace its movable trade fixtures, provided tenant causes no damage to the demised premises by such removal.
`0 Tenant shall allow no mechanics lien or liens or any nature, including federal tax liens, to be filed against it or the
`leased premises.
`5) Tenant shall obtain, at its sole cost and expense. all necessary licenses and permits for the construction of
`improvements and/or installation of fixtures, without limitation whatsoever.
`
`8. S
`INATI N - TOPPE
`E
`‘I AT
`DATT
`‘NT.
`a) Tenant agrees that the lease shall be subordinate to any mortgage or mortgages or the lien resulting from any
`other method of financing or refinancing now or hereafter in force against the land of which the lease premises are a
`part, and to all advances made or hereafier made upon security thereof. This shall be self operative and no further
`instrument of subordination shall be required by any instrument or certificate to carry out the intent hereof as shall be
`required by the landlord.
`b) Within ten (l0) days after request therefore by landlord, or in the event that upon any sale, assignment, or
`hypothecation of the lease premises by landlord an estoppel certificate shall be required from the tenant, the tenant
`agrees to delivery, in recordable form, an estoppel certificate to any proposed mortgage or purchaser or to landlord
`certifying (if such be the case) that this lease is in full force and effect and there are no defenses or offsets. Lease
`remains in force in the event ownership changes or transfers title.
`
`9. [AX§§ ON IENAEIS QQQQEANQX.
`a) Tenant shall pay all taxes, other than real estate, payable in connection with the use and occupancy of the leased
`premises and the operation of its‘ business thereto.
`b) Tenant shall be responsible for and shall pay before delinquency all municipal, county, or state taxes assessed
`during the term of this [case against any leasehold interest or personal property of any kind, owned by or placed in,
`upon or about the leased premises by Tenant.
`
`l0. CE‘, CASU,/351,! l§§,
`a) Tenant will not do or permit anything to be done upon or bring or keep or permit anything to be brought into or
`on the leased premises which shall increase the rate of insurance on the unit. If by reason of the failure of tenant to
`comply with the terms or this lease, or by reason oftenant's occupancy (even though permitted or contemplated by the
`lease), the insurance rate shall at any time be higher than it would otherwise be, tenant shall reimburse landlord, the
`same to be construed as additional rent for the part of all insurance premium charges because of such violations or
`occupancy by tenant.
`b)
`insurance. From the date hereof until the termination of the lease, the tenant at its sole cost and expense shall
`maintain personal injury and property damage under a policy ofgeneral public liability insurance with limits ofat least
`three hundred thousand ($300,000.00) dollars for bodily injury, one hundred thousand ($100,000.00) dollars of
`property damage, and tenant shall also carry adequate fire and windstorm insurance of the interior of the subject
`premises. Such policy shall name the landlord and the tenant as insured. Within sixty (60) days afier the date hereof,
`the tenant shall deliver to the landlord certificates of insurance certifying such insurance is in full force and effect.
`
`I l. EMLSENT DOMAIN.
`If the whole or any part of the demised premises shall be taken or condemned by any competent authority for any
`public use or purpose, then and in that event, upon the election ofthe landlord, the lease and tenancy ofthe tenant shall
`terminate withoutany liability ofthe landlord in thepremises.
`
`8
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`

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`I2. ASSIQISMLNI AND SQBLETTING.
`
`This leasehold shall not be assigned nor subject in whole or in part.
`
`13. DEE&fl.I
`
`IF TENANT DEFAULTS IN THE PAYMENT OF THE RENT OR ANY PART THEREOF AT THE TIMES
`HEREIN BEFORE SPECIFIED OR IF LESSEE DEFAULTS IN THE PERFORMANCE OF THE LEASE
`INCLUDING ATTACHMENTS HERETO OR COMPLIANCE OR THE DECLARATION OF CONDOMINIUM,
`INCLUDING ALL THEIR EXHIBITS AND RULES AND REGULATIONS AS ARE NOW IN EXISTENCE OR AS
`SAME MAY BE AMENDED, THE LEASE AT THE OPTION OF THE LANDLORD, SHALL TERMINATE AND
`BE FORFEITED AND THE LANDLORD MAY RE-ENTER THE PREMISES AND RETAKE POSSESSION AND
`RECOVER DAMAGES. INCLUDING COURT COSTS AND REASONABLE ATTORNEY'S FEES (TRIAL AND
`APPELLATE) AND COURT COSTS. TENANT SHALL BE GIVEN WRITTEN NOTICE OF ANY NON-
`MONETARY DEFAULT OR BREACH, AND TERMINATION AND FORFEITURE OF THE LEASE SHALL NOT
`RESULT IF, WITHIN TEN (10) DAYS OF RECEIPT OF SUCH NOTICE, TENANT HAS CORRECTED THE
`DEFAULT OR BREACH.
`IN ADDITION, THE ASSOCIATION SHALL HAVE THE SAME RIGHTS AND
`OBLIGATIONS UPON DEFAULT AS THE LANDLORD AND SHALL HAVE THE RIGHT TO FILE SUIT IN ITS
`NAME OR IN THE NAME OF THE LANDLORD, TO EVICT THE TENANT OR TO COMPLETE COMPLIANCE
`WITH THE DECLARATION OF COVENANTS, RESTRICTIONS AND EASEMENTS AND THE
`CONDOMINIUM DOCUMENTS. PREVAILING PARTY IN SUCH ACTION SHALL BE ENTITLED TO ALL
`COURT COSTS AND REASONABLE ATTORNEYS FEES (TRIAL AND APPELLATE).
`
`14. -
`
`Landlord or Landlord's agents shall have the right to enter the leased premises at all times to examine the same, and to
`show them to prospective purchasers, mortgagees, or lessees of the unit and to make such repairs, alterations,
`improvements, or additions as landlord may deem necessary to desirable.
`In the event that this access does not
`interrupt the quiet enjoyment of the space, in which case, the tenant will not be required to pay. During the three (3)
`months prior to the expiration of the term of this lease or any renewal term, landlord may exhibit the premises to
`prospective tenants or purchaser. If tenant shall not be personally present to open and permit entry into said premises,
`at any time, when for any reason an entry shall be necessary or permissible, Landlord or Landlord's agents may enter
`the same by a master key, or may forcibly enter the same without rendering Landlord or Landlord's agent liable thereof,
`and without in any manner affecting the obligations and covenants of this lease.
`
`I5. TENANT'§ PROPER! Y.
`
`a) Landlord shall not be liable for any damage to property of tenant or of others located on the leased premises nor
`for the loss of or damage to any property of tenant or of others by theft or otherwise. All property of tenant kept or
`stored on the lease premises shall be kept or stored by the risk of tenant only and tenant shall hold landlord harmless
`from any claim arising out of damage to the same, including subrogation claims by tenants insurance carriers, unless
`such damage shall be caused by a willful act of gross neglect of landlord.
`
`b) Tenant shall give immediate notice to landlord in case of fire or accidents in the lease premises or in the building
`of which the premises are a part or of defect therein or in any fixtures or equipment.
`
`16. QUIET ENJOZMEN I .
`
`Upon payment by the tenant ofthe rents herein provided and upon observance and performance of all covenants, terms
`and conditions of tenant's part to be observed and performed, tenant shall peaceable and quietly hold and enjoy the
`leased premises for the term hereby demised without hindrance or interruption by landlord or any other person or
`persons, lawfully or equitably claiming by, through, or under the landlord, subject nevertheless to the terms and
`conditions of this lease.
`
`I7. MAIN I ENANCE OF LEASEQ EREMISES.
`
`Tenant shall, at all times, keep the leased premises in good repair and tenantable condition during the term. The tenant
`shall at
`its own expense, make all necessary repairs and replacements to the interiors of the leased premises
`necessitated by tenants fault, failure to exercise due care, excessive or improper use or cause within tenants reasonable
`control. Such interior repairs and replacements, ordinary as well as extraordinary, shall be made promptly, as and when
`AA
`
`

`
`If tenant
`necessary. All repairs and replacements shall be in quality and class, at least equal to the original work.
`refuses or neglects to repair properly as required hereunder and to the reasonable satisfaction of landlord as soon as
`reasonably possible, landlord may make such repairs without liability to tenant for any loss or damage that may occur
`to tenant's merchandise, fixtures or other property or to tenant's business by reason thereof, and upon completion
`thereof tenant shall pay landlord's cost for making such repairs, plus twenty (20% percent for overhead, upon
`presentation of bill.
`
`l8. §UB_.E§NQ§3 QF PREMISES,
`a) On the last day ofthe term ofthe lease or on the sooner termination thereof, the tenant shall peaceably surrender
`the leased premises in good order, condition and repair, broom clean, reasonable wear and tear along excepted and shall
`surrender all keys for the leased premises to the landlord at the place then fixed for the payment ofrent.
`b) On or before the last day ofthe term or the sooner termination thereof, tenant shall, at it's own cost and expense,
`remove its‘ trade fixtures or other items not affixed to the walls, ceiling or floors from the leased premises and any
`property not removed shall be deemed abandoned.
`c) Before surrendering the premises as aforesaid, tenant shall repair any damage to the leased premises caused
`thereby. Tenant's obligations to observe or perform this covenant shall survive the expiration ofother termination of
`the term of this lease
`
`cl) All Equipment belongs to the Association and shall be returned in working order at expiration of lease.
`
`l9. EQI lCE_$_.
`Any notices required or permitted under this lease shall be served or by certified mail or registered mail, postage
`prepaid, addressed to the Landlord at the address where rent was last payable, and addressed to tenant at the leased
`premises or at such other address as tenant shall designate by written notice.
`
`20-
`Neither this lease nor any notice thereof shall be recorded in any public records, the sole exception being that Landlord
`has the right to comply with Section 713.10 of Florida Statutes. Failure to comply with this provision shall be
`considered a default of this lease.
`
`2]. S[§N§,
`Tenant shall have the right to place appropriate signs designating tenant's business and the persons occupying the space
`upon the front door of the subject premises and adjacent thereto. Landlord's approval of these signs shall be required’
`however, approval shall not be unreasonably withheld. Tenant's business name and those of its principles shall be
`placed in the office directory located in the Lobby.
`
`22. JQQLSQIQ IIQN.
`
`This lease shall be construed in accordance with the laws of the State of Florida.
`
`23. LljSSQ_l§S AND A§SQ§[ATIQN'§ LlA§lL_l_T_X,
`The»Lessor or Association shall not be liable to lessee or lessee's agents, invitees, employees, or servants, for any
`damages or losses to person or property caused by other residents ofthe complex or other persons, Lessor, Association,
`or its agents. Lessee agrees to indemnify and hold the Lessor and the Association harmless from and against any and
`all claims for damages to property or person arising from Lessee's use of the premises, or from any activity, work or
`thing done, permitted or suffered by Lessee in or about the premises. Neither the Lessor nor the Association shall be
`liable for personal injury or damage or loss ofLessee's personal property from thefi, vandalism, fire, water, rainstorms,
`smoke, explosions, sonic booms or other causes whatsoever. Also, if any of the Lessors or Association's employees
`are requested to render any services such as handling of fumiture, cleaning, signing for or delivering packages, or any
`other service not contemplated in his contract, such employee shall be deemed the agent of Lessee regardless of
`whether payment is arranged for such service; and lessee agrees to indemnify and hold the Lessor and Association
`harmless from all liability in connection with such services. Lessee agrees to notify the Lesser immediately upon the
`occurrence of any injury, damage, or loss suffered by Lessee or other person in any of the aforesaid circumstances.
`Lessee represents that all the information on the application presented to the Lesser and the Association prior to the
`execution ofthis lease is true and the application is incorporated into this lease.
`
`

`
`24. REIMBLJIQEMENT BY LES§EE,
`
`Lessee agrees to reimburse the Lessor or the Association promptly in the amount of the loss, property damage, or cost
`of repairs of service (including repairs or service to plumbing) caused by negligence or improper use by Lessee,
`Lessee's agents or guests. Lessee shall be responsible for any damage resulting from windows or doors left open. Such
`reimbursement shall be due immediately upon demand. The Lessor or the Association's failure to delay in demanding
`damage reimbursements, late-payment charges, returned check charges or other sums due by Lessee shall not be
`deemed a waiver thereof; and the Lessor may demand same as any time either during or subsequent to the terms of this
`lease.
`IT IS UNDERSTOOD AND AGREED THAT THE LESSOR MAY, AT ANY TIME, AND FROM TIME TO
`TIME, DEDUCT DAMAGE REIMBURSEMENTS, UTILITIES, CHARGES, LATE PAYMENT CHARGES
`ANDIOR RETURNED CHECK CHARGES, OR ANY PORTION THEREOF FROM LESSEE‘S SECURITY
`DEPOSIT, WITHOUT WAIVER OF ANY OTHER RIGHT OR REMEDY OF THE OWNER OR MAY RETAIN
`THE SECURITY DEPOSIT AS LIQUIDATED DAMAGES. No such demand for payment or deduction from
`Lessee's security deposit may be made without giving five (5) days notice to the Lessee prior to any such action.
`
`25. M1§CELLAlj§QUS PROVl§!QIjS.
`
`a) No agreement to accept a surrender of the leased premises shall be valid unless in writing signed by Landlord.
`The delivery of keys to any employee or Landlord or of Landlord's agent shall not operate as a termination of the lease
`or a surrender of the premises. The failure of Landlord to seek redress for violation of, or to insist upon the strict
`performance of, any covenant or condition of this lease, or of any rule or regulation, shall not prevent a subsequent act,
`which shall have originally constituted a violation, from having all source and effect of an original violation. The
`receipt by Landlord of rent with knowledge of the breach of any covenant of this lease, shall not be deemed to have
`been waived by Landlord unless such waiver be in writing signed by Landlord.
`
`b) No payment by Tenant or receipt by Landlord of a lesser amount than the rent herein stipulated shall be deemed
`to be other than on account of the earliest stipulated rent, nor shall any endorsement or statement on any check nor any
`letter accompanying any check or payment as rent be deemed an accord and satisfaction, and Landlord may accept such
`check or payment without prejudice to Landlord's right to recover the balance of such rent or pursue any other remedy
`provided in this lease. This agreement hereatter made shall be ineffective to change, modify, or discharge it in whole
`or in part, unless such executory agreement is in writing and signed by the party against whom enforcement of the
`change, modification or discharge is sought.
`t
`
`It is specifically agreed between the parties hereto that Landlord shall have alien for rent on all of the Tenant's
`c)
`personal property, machinery, fixtures and equipment located on the leased premises.
`
`d) All rights and remedies of Landlord hereunder shall be cumulative.
`
`e) The parties hereto acknowledge that any prior leases between the parties as to the leased premises are hereby
`terminated, superseded and canceled in all respects.
`
`26. L_[EN§.
`
`LESSEE SHALL NOT CAUSE LIENS. Nothing in this Lease shall grant or confer unto the Lessee the right to lien,
`mortgage or encumber in any way the real property of the Lessor or any improvements thereon nor subject said
`property to any encumbrance; the Lessee has no right whatsoever to lien, mortgage or encumber the real property ofthe
`Lessor, or the improvements thereon;
`the Lessee alone shall be liable and responsible for labor or materials fumished
`to the premises by order of the Lessee or its agents or subcontractors and Mechanic's liens are expressly prohibited
`under this lease.
`In addition, Lessee shall allow no tax lien or liens, including but not limited to Federal tax liens, to be
`filed against it or the leased premises.
`
`27. Al LQBEEYS FEE.
`
`If Landlord or Tenant shall at any time be in default under this lease, and litigation is necessary to enforce any
`provisions of this lease, or to enforce any other rights under this lease, then the prevailing party in such litigation shall
`be reimbursed for all reasonable nttomey's fees and costs incurred during the course of litigation, whether at the trial
`level or through all levels of appeal. Any forbearance by Landlord or Tenant in exercising any right or remedy
`provided by this contract or otherwise provided for by applicable law shall not be a waiver or preclude the exercise of
`any such right or remedy.
`
`

`
`-I H
`
`23- -
`
`LANDLORD OR TENANT WAIVE TRIAL BY JURY IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM
`BROUGHT BY EITHER OF THEM AGAINST THE OTHER ON ALL MATTERS ARISING OUT OF THIS
`LEASE OR THE USE AND OCCUPANCY OF THE PREMISES.
`IF LANDLORD COMMENCES ANY
`SUMMARY PROCEEDING FOR NONPAYMENT OF RENT OR POSSESSION OF THE PREMISES, TENANT
`WILL NOT INTERPOSE, AND WAIVES THE RIGHT TO INTERPOSE, ANY COUNTERCLAIM IN ANY SUCH
`PROCEEDING.
`
`
`
`TENANT
`
`LANDLORD
`
`29. NO QONS IRUQ I ION A_C_iAIN§1 lflfi PREPARE? QE TI_;_I§ LEASE,
`
`This lease has been prepared by Landlord and its professional advisers and has been reviewed by tenant and its
`professional advisors. Landlord, Tenant and their separate advisors believe that this lease is the product of all their
`efforts, that it expresses their agreement, and that it should not be interpreted in favor of either Landlord or Tenant or
`against either Landlord or Tenant merely because of their efforts in preparing it.
`
`30. FFE
`
`L NG VE .
`
`Any holding over by Lessee of the lease premises after the expiration ofthis Lease shall operate and be construed to be
`a tenancy from mouth to month only, at a monthly rental of double the monthly rate of rent payable during the last year
`of the lease term.
`
`(Signatures Appear on the Following Page)
`
` we
`\
`\
`
`

`
`M
`
`IN WITNESS WHEREOF,
`'
`
`this
`
`lease has been duly and properly executed this
`. 2014.
`
`3
`
`day of
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`FOUR AMBASSADORS ASSOCIATION, INC.
`
`
`
`ADDRESS:
`
`801 Brickell Bay Drive
`Box #8
`Miami, Fl 33131