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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 />shall submit a written request to Landlord therefor, together with the following information for <br />the proposed assignee: name; most recently prepared annual and quarterly financial <br />statements (including a balance sheet and an income statement); and a description of the <br />length and nature of the experience of the proposed assignee and its principals (if a closely <br />held entity) in the business proposed to be conducted by the assignee on the Premises. In the <br />event that Landlord consents to such release, Landlord shall so notify Tenant in writing. <br /> <br />ARTICLE 11 <br />DEFAULT; REMEDIES <br /> <br />11.1 Default. The occurrence of anyone or more of the following events <br />shall constitute a default by Tenant under this Lease: <br /> <br />11.1.1 Unless previously consented in wntmg by Landlord, the failure of <br />Tenant to operate the Premises with the Permitted Use for more than 30 consecutive days, <br />other than failure to operate caused, in the reasonable opinion of Landlord, by a casualty to the <br />Premises. <br /> <br />11.1.2 The failure by Tenant to make any payment of Base Monthly <br />Rent, Impositions or any other payment required to be made by Tenant hereunder, where <br />such failure shall continue for a period of7 (seven) days. <br /> <br />11.1.3 Except as otherwise provided in this Lease, the failure by Tenant <br />to observe or perform any of the non-monetary covenants, conditions, or provisions of this <br />Lease to be observed or performed by Tenant, where such failure shall continue for a period <br />of 30 days after written notice thereof from Landlord to Tenant; provided, however, that if <br />the nature of Tenant's noncompliance is such that more than 30 days are reasonably required <br />for its cure, then Tenant shall not be deemed to be in default if Tenant commences such cure <br />within said 30-day period and thereafter diligently prosecutes such cure to completion and the <br />final determination thereof <br /> <br />11.1.4 <br /> <br />The admission by Tenant of its inability to pay debts as they mature. <br /> <br />11.1.5 Institution by or against Tenant of any bankruptcy, <br />insolvency, reorganization, receivership or other similar proceeding involving the creditors <br />of Tenant which, if instituted against Tenant is not dismissed within 60 days after the <br />commencement thereof; <br /> <br />11.1.6 The issuance or filing of any judgment, attachment, levy, garnishment <br />or the commencement of any related proceeding or the commencement of any other judicial <br />process upon or with respect to Tenant, all or substantially all of the assets of Tenant or the <br />Premises. <br /> <br />11. 1.7 Sale or other disposition by Tenant of substantially all of its assets <br /> <br />or property. <br /> <br />18 <br />
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