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RFP No. 09-04-01 Restaurant at Fishing Pier
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Last modified
3/3/2011 10:22:09 AM
Creation date
3/3/2011 10:19:41 AM
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CityClerk-Bids_RFP_RFQ
Project Name
Restaurant at Pier Park
Bid No. (xx-xx-xx)
09-04-01
Project Type (Bid, RFP, RFQ)
RFP
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<br />3.4.4 If Tenant uses or permits the Premises to be used so as to subject <br />Tenant, Landlord or any occupant of the Premises to a claim of violation of the <br />Environmental Laws (unless contested in good faith by appropriate proceedings), Tenant <br />shall, at its sole cost and expense, immediately cease or cause cessation of such use or <br />operations and shall remedy and fully cure any conditions arising therefrom. <br /> <br />3.4.5 At its sole cost and expense, Tenant shall (i) immediately pay, when <br />due, the cost of compliance with the Environmental Laws within the Premises, and (ii) <br />keep the Premises free of any liens imposed pursuant to the Environmental Laws. Tenant <br />shall, at all times, use, handle and dispose of any Permitted Hazardous Material in a <br />commercially reasonable manner and in compliance with the Environmental Laws and <br />applicable industry standards. Tenant shall cooperate with Landlord in any program between <br />Landlord and any governmental entity for proper disposal and/or recovery of any Permitted <br />Hazardous Material. <br /> <br />3.4.6 Tenant shall indemnify, save and hold Landlord harmless from <br />and against any claim, liability, loss, damage or expense (including, without limitation, <br />reasonable attorneys' fees and disbursements) arising out of any violation of the <br />covenants of Tenant contained in this Section by Tenant, or out of any violation of the <br />Environmental Laws by Tenant, its owners, employees, agents, contractors, customers, <br />guests and invitees, which indemnity obligation shall survive the expiration or termination of <br />this Lease. <br /> <br />3.4.7 In the event that Tenant fails to comply with any of the <br />foregoing requirements of this Section, after the expiration of the cure period <br />permitted under the Environmental Laws, if any, Landlord may, but shall not be obligated to <br />(i) elect that such failure constitutes a default under this Lease; and/or (ii) take any and all <br />actions, at Tenant's sole cost and expense, that Landlord deems necessary or desirable to <br />cure any such noncompliance. Tenant shall reimburse Landlord for any costs incurred by <br />Landlord in exercising its options under this subsection within 5 (five) days after receipt of a <br />bill therefore. <br /> <br />3.4.8 The provisions of this Section shall survive the expiration or termination of <br />the Lease Term. <br /> <br />Capitalized terms used in this Section and not otherwise defined herein shall have the <br />following meanings: <br /> <br />"Hazardous Materials" means any of the following as defined by <br />the Environmental Laws: solid wastes; medical or nuclear waste or materials; <br />toxic or hazardous substances; natural gas, liquefied natural gas or synthetic fuel gas; <br />petroleum products or derivatives, wastes or contaminants (including, without <br />limitation, polychlorinated biphenyls); paint containing lead; urea-formaldehyde foam <br />insulation; asbestos (including, without limitation, fibers and friable asbestos); <br />explosives, and discharges of sewage or eflluent. <br /> <br />6 <br />
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