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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 />TENANT EACH HEREBY WAIVE ALL RIGHT TO A TRIAL BY JURY IN ANY <br />CLAIM, ACTION, PROCEEDING OR COUNTERCLAIM BY EITHER LANDLORD OR <br />TENANT AGAINST THE OTHER ON ANY MATTERS ARISING OUT OF OR IN ANY <br />WAY CONNECTED WITH TillS LEASE, THE RELATIONSHIP OF LANDLORD AND <br />TENANT AND/OR TENANT'S USE OR OCCUPANCY OF THE PREMISES. <br /> <br />The merits of any dispute arising under, out of, in connection with, or in relation to this <br />agreement, or the making or validity thereof, or its interpretation, or any breach thereof, shall be <br />determined and settled by Arbitration before an Arbitrator in the State of Florida, pursuant to the <br />Commercial Arbitration Rules then obtaining of the American Arbitration Association. If the <br />parties hereto are unable to agree upon the selection of an arbitrator, such arbitration shall be <br />held before the American Arbitration Association. Any award rendered shall be final and <br />conclusive upon the parties hereto and a judgment thereon may be entered in the highest court of <br />the State of Florida having jurisdiction. <br /> <br />Before submitting a dispute to Arbitration, the parties shall first attempt to resolve the <br />dispute amicably. In the event that the parties hereto are unable to resolve the dispute amicably, <br />either party may give notice for a Mediation session before a Mediator appointed by mutual <br />agreement (hereinafter the "Mediator"). If the parties are unable to agree upon the selection of a <br />mediator, such mediation shall be held before the American Arbitration Association. The <br />Mediator shall make a recommendation to the parties in the form of a written mediated <br />settlement agreement. Each party to the dispute shall sign such agreement after receipt of the <br />same or immediately file a demand for Arbitration, in which event the parties shall proceed to <br />Arbitration in accordance with the previous paragraph. <br /> <br />All costs of the Arbitration, including Mediation and the legal action to confirm and <br />enforce the arbitrator's award, as the case may be, including the reasonable legal fees of both <br />parties shall be paid by the non-prevailing party, or, if neither party prevails on the whole, each <br />party shall be responsible for a portion of the costs of Arbitration and Mediation as may be <br />determined by the court on confirmation. <br /> <br />15.16 Liability of Landlord. In the event of any sale or other transfer of <br />Landlord's interest in the Premises, Landlord shall be relieved of all liabilities and obligations <br />of Landlord hereunder arising after the date of such transfer. Notwithstanding anything <br />contained herein to the contrary, Landlord shall have no personal liability in respect of any of <br />the terms, covenants, conditions or provisions of this Lease, and in the event of a breach or <br />default by Landlord of any of its obligations under this Lease, Tenant and any persons claiming <br />by, through or under Tenant shall look solely to the equity of the Landlord in the Premises <br />for the satisfaction of Tenant's and/or such persons' remedies and claims for damages. <br /> <br />15.17 No Merger. There shall be no merger of this Lease, or the leasehold estate <br />created by this Lease, with any other estate or interest in the Premises, or any part <br />thereof, by reason of the fact that the same person, firm, corporation or other entity may <br />acquire or own or hold, directly or indirectly, (i) this Lease or the leasehold estate created by <br /> <br />24 <br />
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