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RFP No. 10-07-01 Towing Services
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Seay Towing
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Last modified
11/12/2010 9:55:37 AM
Creation date
11/12/2010 9:54:44 AM
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CityClerk-Bids_RFP_RFQ
Project Name
Prof. Towing Svcs.
Bid No. (xx-xx-xx)
10-07-01
Project Type (Bid, RFP, RFQ)
RFP
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<br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />!. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />Ie <br />i. <br />I. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br /> <br />asset will be substantially impaired if the trustee in bankruptcy or any assignee of this Lease makes any use of <br />the Premises other than such a permitted use. <br />(c) Any proposed assignee of this Lease must assume and agree to be personally bound by the <br />provisions of this Lease. <br />(d) In connection with any Bankruptcy proceeding, Landlord shall be entitled to recover any and <br />all reasonable attorneys' fees and costs incurred in such Bankruptcy proceeding or arising out of or in <br />connection with any such proceeding. Notwithstanding anything in this Lease to the contrary, all amounts. <br />payable by Tenant to or, on behalf of Landlord under this Lease, whether or not expressly denominated as sttCh, <br />shall constitute "rent" for the purposes of Section 502(b)( 6) of the Bankruptcy Code. <br /> <br />TWENTY EIGHTH. Tenant shall not commence Tenant's work or make or allow any other repairs, <br />replacements, additions or modifications to the Premises (collectively the" Alterations") without the Landlord's <br />prior written approval, which said approval shall not be unreasonably withheld. Fourteen (14) days from the <br />Commencement Date of signing this Lease, the Tenant shall submit to the Landlord, for Landlord's written <br />approval, details of all proposed alterations including drawings and specifications prepared by qualified <br />architects or engineers conforming to good engineering practice. <br /> <br />TWENTY NINTH Attornment. In the event of any foreclosure of any mortgage encumbering the <br />Building, or deed-in-lie,u thereof, or sale of the Building, Landlord shall be released from all liability hereunder <br />and Tenant shall attornito the purchaser upon any such foreclosure or sale and recognize such purchaser as the <br />Landlord under this Lease. <br /> <br />THlRTIETH Estoppel Certificate. Within five (5) days after request therefor by Landlord or <br />Tenant, Tenant or Lan~Uord shall deliver to requesting party, in a form satisfactory to Landlord, a certificate <br />certifying (i) the good 'standing and absence of default under this Lease; (ii) the absence of set-offs to charges <br />hereunder; (iii) the validity and completeness of a copy of this Lease and all amendments to be attached to the <br />certificate; (iv) the am'ount of pre-paid rent; (v) the amount of security deposit; (vi) the commencement and <br />expiration dates hereof; (vii) the dates and amounts of the last made and next due rental installments; and (viii) <br />such other matters as Iiandlord or Tenant shall request. Tenant (and not Landlord) shall be limited to 2 requests <br />over the lifetime of the' Lease, thereafter, each request shall be accompanied by $500.00 estoppel request fee. <br /> <br />THIRTY FIRST Subordination bv Tenant. This Lease and Tenant's rights hereunder, are hereby <br />made expressly subject and subordinate to any and all security agreements, mortgages, ground or underlying <br />leases, or like instrum~nts resulting from any financing or refinancing affecting the Premises or Building (or <br />any portion thereof) which are currently in existence or which may hereafter be created by Landlord, or its <br />successors or assigns, including any and all extensions and renewals, substitutions, and amendments thereof, <br />and to any and all advances made or to be made under same (collectively the "Mortgage"). This provision shall <br />be self-operative without the execution of any further instruments. Tenant agrees to execute any instrument or <br />instruments which the Landlord may deem necessary or desirable to further evidence the foregoing <br />subordination. Tenantlhereby irrevocably appoints Landlord as attorney-in-fact for Tenant with full power and <br />authority to execute and deliver in the name of Tenant any such instrument which appointment shall be deemed <br />coupled with an interest and irrev9cable. Tenant further agrees to make such reasonable modifications to this <br />Lease (not increasing ;Tenant's obligations hereunder) as may be requested by the holder of any such Mortgage <br />(the "Mortgagee"). Tenant agrees that in the event of any act or omission by Landlord which could constitute a <br />default by Landlord ot give Tenant the right to terminate this Lease or claim a partial eviction, Tenant shall not <br />, <br />exercise any such rilWt until (i) Tenant notifies Landlord in writing of such default and Landlord fails to cure <br />such default within tHirty (30) days of such notice, or if such default cannot reasonably be cured within such <br />thirty (30) days; and (ii) until ever" holder of any Mortgage is notified in writing of such default and fails to <br />) r{\" <br />commence to cure such default within thirty (30) days after all of Landlord's periods to cure such default have <br />I <br />expired. Tenant further agrees to execute any non-disturbance and/or attornment agreement requested by any <br />mortgagee and/or ground lessor. <br /> <br />11 <br />
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