25C - AGMT FIFTH ST PARKING LEASE

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Section 5.02 Additional Termination Rights (a) This Agreement may be terminated on fifteen (15) days prior written notice as follows: (1) by either party upon a default of any covenant or term hereof by the other party, which default has been noticed and is not cured within thirty (3 0) days of receipt of written notice of default, provided that the grace period for any monetary default is only ten (10) days from receipt of notice; or (2) by Tenant if Tenant is unable to occupy and utilize the Lease Area due to any action of the Interstate Commerce Commission or the Department of Transportation; or (3) by Tenant upon thirty (30) days written notice in the event recurring disputes arise over whether maintenance, repair or property damage claims or claims for personal injury (in each case whether or not insured), are in fact attributable to or caused by actions of Tenant's designated and assigned residents. (b) Landlord shall have at its sole discretion the option of terminating this Agreement if Tenant loses its ownership interests or is unable to maintain its interests in the property at 401 N. Bush Street. Tenant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, leases, approvals, waivers, and exemptions as would enable compliance with the foregoing. Said inability shall be cause for immediate termination of this Agreement. ARTICLE 6 — ASSIGNMENT, ABANDONMENT, DEFAULT, INSOLVENCY Section 6.01 Assignment Unless approved in writing by the Landlord, Tenant will not assign, transfer or sell this Agreement or any rights hereunder in whole or iii part (except for use of parking passes by Residents), and any attempt to do so will be void and confer no right upon any third party. Subsequent owners of the Project must expressly assume the obligations of Tenant and will negotiate with the City as to future issues related to this Agreement, including as to approved locations for substitute parking within one-half mile of the Project which will comply with the Variance in the event this Agreement expires or is terminated.. Tenant shall have the right to enter into contractual agreements with independent contractors acting as agents, package deliverers, telegraphic, monetary or other transmittal operators. Section 6.02 Abandonment by Tenant Should Tenant breach this Agreement by abandoning the Lease Area prior to the expiration of the Term or Renewal Term, Landlord may: (a) Continue this Lease in effect by not terminating Tenant's rights to use the Lease Area, in which event Landlord shall be entitled to enforce all of its rights and remedies under this Agreement, including the right to recover the Compensation specified in this Agreement as it becomes due under this Agreement; or 25C-14