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A. Automatic Termination: <br /> 1) Institution of proceedings in voluntary bankruptcy by the TENANT. <br /> 2) Institution of proceedings in involuntary bankruptcy against the TENANT if such <br /> proceedings continue for a period of ninety (90) days. <br /> 3) Assignment by the TENANT for the benefit of creditors. <br /> B. Termination after twenty (20) calendar days from receipt by the TENANT of written <br /> notice by certified or registered mail sent to the TENANT for any of the following: <br /> 1) Non-payment of any sum or sums due hereunder after the due date for such <br /> payments; provided, however, that such teinunation shall not be effective if the <br /> TENANT makes the required payment(s) during the twenty (20) calendar day period <br /> from date of the written notice. <br /> 2) Notice of any condition posing a threat to health or safety of the public or patrons <br /> and not remedied within the twenty (20) calendar day period from the date of written <br /> notice. <br /> C. Termination after thirty (30) calendar days from receipt by the TENANT of written <br /> notice by certified or registered mail sent to the TENANT for the following: <br /> 1) Non-perfonnance of any covenant of this Agreement other than non-payment of rent <br /> and others listed in A and B above, and failure of the TENANT to remedy such <br /> breach within the thirty (30) calendar day period from receipt of the written notice, or <br /> where a court finds that the TENANT has brought a frivolous and/or baseless claim <br /> or defense. <br /> D. A final determination in a court of law in favor of the LANDLORD in litigation instituted <br /> by the TENANT against the LANDLORD, or brought by the LANDLORD against the <br /> TENANT (termination shall be at the option of the LANDLORD). <br /> E. The LANDLORD, through its County Mayor or County Mayor's designee, shall have the <br /> right to teiniinate this Agreement or any portion thereof, at any time, and for any reason <br /> whatsoever, by giving the TENANT sixty (60) calendar days written notice of such <br /> termination prior to its effective date. Should the term of this Agreement, at the time the <br /> LANDLORD elects to provide the TENANT with notice of termination, be equal to or <br /> less than sixty (60) calendar days, then notice shall be commensurate with the remaining <br /> term of this Agreement. <br /> F. The LANDLORD shall have the right to immediately terminate, or suspend, this <br /> Agreement, at any time, in the event of an emergency, as determined in the sole <br /> discretion of the County Mayor or, the County Mayor's designee, should the <br /> LANDLORD need the Leased Premises for a public purpose, by giving the TENANT <br /> twenty-four (24) hours written notice of such termination or suspension. <br /> TERMINATION BY THE TENANT: Thq,TENANT shall have the right to cancel this <br /> Agreement at any time by giving the LANDLORD at least sixty (60) calendar days written <br /> notice prior to its effective date. <br /> Page 9 of 16 <br /> Sunny Isles Lease Agreement <br />