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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 />have no authority to create any liens for labor or materials on or against the Landlord's <br />interest in the Premises and all persons contracting with Tenant for the erection, installation, <br />alteration or repair of any building or other improvement in, on or to the Premises, and all <br />materialmen, contractors, subcontractors, sub subcontractors, mechanics and laborers are hereby <br />charged with notice that they must look solely and only to the Tenant's interest in the <br />Premises to secure the payment of any bill for work done or material furnished during the <br />Term of this Lease and, specifically, not to Landlord or Landlord's interest. <br /> <br />ARTICLE 14 <br />BANKRUPTCY OR INSOLVENCY <br /> <br />14.1 Liquidation. In the event that Tenant shall become a debtor under Chapter 7 <br />of the Bankruptcy Reform Act of 1978, as amended (the "Bankruptcy Code"), and Tenant's <br />trustee or Tenant shall elect to assume this Lease for the purpose of assigning the same or <br />otherwise, such election and assignment may be made only if the provisions of this Section are <br />satisfied. If Tenant or Tenant's trustee shall fail to assume this Lease within 120 days after <br />the entry of an order for relief, this Lease shall be deemed to have been rejected. <br />Immediately thereupon, Landlord shall be entitled to possession of the Premises without <br />further obligation to Tenant or Tenant's trustee and this Lease, upon the election of Landlord, <br />shall terminate, but Landlord's right to be compensated for damages shall survive, whether or <br />not this Lease shall be terminated. <br /> <br />14.2 Reorganization. In the event that a voluntary petition for reorganization is filed by <br />Tenant, or an involuntary petition is filed against Tenant under Chapter II of the <br />Bankruptcy Code, or in the event of the entry of an order for relief under Chapter 7 in a case <br />which is then transferred to Chapter II, Tenant's trustee or Tenant, as debtor-in- <br />possession, must elect to assume this Lease within 120 days from the date of the filing of the <br />petition under Chapter 11 or the transfer thereto, or Tenant's trustee or the debtor-in- <br />possession shall be deemed to have rejected this Lease. Immediately thereupon, Landlord <br />shall be entitled to possession of the Premises without further obligation to Tenant or <br />Tenant's trustee, and this Lease, upon the election of Landlord, shall terminate. Landlord's <br />right to be compensated for damages under the Bankruptcy Code, shall survive, whether or not <br />this Lease shall be terminated. <br /> <br />ARTICLE 15 <br />GENERAL PROVISIONS <br /> <br />15.1 Ouiet Enioyment. Subject to the terms and conditions of this Lease, Tenant shall <br />have the quiet and peaceful possession of the Premises. <br /> <br />15.2 Definition of Rent. All monetary obligations of Tenant to Landlord under <br />the terms of this Lease, including, without limitation, the Taxes, insurance premiums and <br />other Impositions payable hereunder shall be deemed to be "rent". <br /> <br />21 <br />
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