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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 />7.4.5 No Alteration shall reduce the value of the Premises or impair <br />the structural integrity of any building comprising a part of the Premises. <br /> <br />7.5 Liens. In connection with Alterations or otherwise, Tenant shall do all <br />things necessary to prevent the filing of any mechanic's or materialman's liens against the <br />Premises, or any part thereof, or upon any interest of Landlord by reason of labor, <br />services or materials supplied or claimed to have been supplied to Tenant, or anyone holding <br />the Premises, or any part thereof, through or under Tenant. If any such lien shall at any time <br />be filed against all or any portion of the Premises, Tenant shall either cause same to be <br />discharged of record within 30 days after the date of filing of same or, if Tenant in good <br />faith determines that such lien should be contested, Tenant shall either (i) bond over such lien <br />in accordance with applicable law, or (ii) furnish such security as Landlord shall determine to be <br />necessary and/or required to prevent any foreclosure proceedings against all or any portion of <br />the Premises during the pendency of such contest. If Tenant shall fail to discharge or bond <br />over such lien or fail to furnish such security within such period, then, in addition to any other <br />right or remedy of Landlord resulting from said default of Tenant, Landlord may, but shall <br />not be obligated to, discharge the same either by paying the amount claimed to be due or by <br />procuring the discharge of such lien by giving security or in such other manner as is, or may <br />be, prescribed by law, and Tenant agrees to reimburse Landlord within 5 days after demand <br />for all costs, expenses, and other sums of money spent in connection therewith. <br /> <br />ARTICLE 8 <br />DAMAGE, DESTRUCTION, OBLIGATION TO REBUILD <br /> <br />8.1 Obligation to Rebuild. If any portion of the Premises is damaged or destroyed <br />by fire or other casualty, Tenant shall forthwith give notice thereof to Landlord. Tenant shall <br />obtain an estimate from a licensed architect or contractor of the cost to complete such repair, <br />restoration, rebuilding or replacement, and Tenant shall, at its sole cost and expense, promptly <br />repair, restore, rebuild or replace the damaged or destroyed improvements, fixtures or <br />equipment, and complete the same as soon as reasonably possible, to the condition they were in <br />prior to such damage or destruction, except for such changes in design or materials as may <br />then be required by law. In such event, Landlord shall, to the extent and at the times the <br />proceeds of the insurance are made available to Landlord, and only so long as Tenant shall not <br />be in default under this Lease, deliver such funds to Tenant for the making such repairs, <br />restoration, rebuilding and replacements. <br /> <br />8.2 Casualty During Last Twelve Months. Notwithstanding the foregoing, if the <br />Premises is damaged or destroyed by fire or other casualty during the last twelve (12) months <br />of the Initial Term or the then-running Renewal Term, Tenant may elect not to rebuild <br />and to terminate this Lease; provided that Landlord shall receive insurance proceeds in the full <br />amount of the casualty loss. In the event that Tenant elects to terminate this Lease and the <br />insurance proceeds are less than the amount of the unpaid rent for the balance of the Lease <br />Term, Tenant agrees to pay the difference to Landlord in cash (or cash equivalent) within 5 (five) <br />days after receipt of a bill from Landlord. <br /> <br />15 <br />
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