Reso 2013-2096 - Laserfiche WebLink

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(b) Maintenance. Without limiting the generality of the foregoing, LESSOR, by its officers, employees, agents, representatives, contractors and furnishers of utilities and other Services, shall have the right upon reasonable advance notice (except in case of emergency, in which case no notice is necessary), at its own cost and expense, for its own benefit or for the benefit of others than LESSEE, to maintain existing utility systems and to enter upon the Premises at all reasonable to make such repairs, replacements or alterations as may, in the reasonable opinion of LESSOR, be deemed necessary or advisable and from time to time to maintain such systems or parts of them and in connection with such maintenance. (c) No Eviction. The exercise of any or all of the foregoing rights by LESSOR or others to the extent permitted by this Lease or the law shall not be or be construed to be an eviction of LESSEE nor be made the grounds for any abatement of Rent nor any claim or demand for damages, consequential or otherwise, unless LESSOR breaches its covenants with respect to such access as provided in this Lease. (d) Police Powers. Nothing contained in this Lease shall be deemed to in any way limit LESSOR in the exercise of their police and regulatory powers or their powers of eminent domain. (e) Reservation of Space. Without charge to the LESSOR, the LESSEE shall provide the LESSOR with a working area within the bait shop to monitor activities on the Pier or for any public purpose. SECTION 16. ASSIGNMENT AND SUBLETTING. (a) Assignment. LESSEE shall not sell, convey, transfer or assign (all of the foregoing being deemed as an "Assignment") all or any portion of its interest in this Lease, without the prior written consent of LESSOR (which shall not be unreasonably withheld or delayed, provided that the factors set forth below are fulfilled to LESSOR's reasonable satisfaction), provided that no such Assignment shall be deemed valid or binding upon LESSOR and LESSEE shall not be released from its obligations under this Lease. For purposes of this Section, an "Assignment" will include: (i) any transfer of the Lease by merger, consolidation, liquidation or by operation of law, or (ii) if LESSEE is or becomes a corporation, any change or transfer (other than to Affiliates of shareholders or partners of the individuals first named as LESSEE in the Lease) in ownership or power to vote a majority of the outstanding voting stock thereof from those controlling the power to vote such stock on the date of the Lease, or (iii) if LESSEE is or becomes a limited or a general partnership, joint venture, or a limited liability company, any transfer of an interest in the partnership,joint venture or limited liability company (other than to an existing partner or member or any Affiliates of existing partners or members) resulting in a majority of the voting or equity interests of LESSEE being transferred. The factors upon which LESSOR may base its decision upon whether to grant consent under this Section will include, but not limited to: (A) whether LESSEE is or has been in default of this Lease, (B) whether the proposed assignee meets standards of creditworthiness and financial resources and responsibility as originally expected of the LESSEE, (C) whether the proposed assignee has the ability to perform the obligations of LESSEE hereunder, and (D) whether the proposed assignee has prior related business experience for operating or owning property for the Required Use comparable to that of LESSEE. 15