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BOWERS MUSEUM - 2005 GROUND LEASE
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BOWERS MUSEUM - 2005 GROUND LEASE
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Last modified
9/11/2024 4:23:45 PM
Creation date
12/30/2005 4:59:12 PM
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Contracts
Company Name
Bowers, Charles W. Museum Corporation
Contract #
A-2005-258
Council Approval Date
9/6/2005
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<br />no responsibility to Lessee or to any contractor, subcontractor, materialman, or workman <br />who shall engage in or participate in the construction of Lessee's Improvements or any <br />other improvements to the Leased Premises or alterations thereto made by Lessee. <br />Lessee shall give Lessor advance notice of any work to be performed on the Leased <br />Premises, and Lessor is hereby authorized to enter the Leased Premises to post notices of <br />non-responsibility in connection therewith. <br /> <br />ARTICLE 8 <br /> <br />PROHIBITION ON ASSIGNMENT AND SUBLETTING <br /> <br />8.1 Lessee's Right to Assign, Sublet and Mortgage. Because of the unique semi-public <br />nature of Lessee's operating and duties of Lessee under the Operating Agreement, Lessee <br />shall not assign any of its rights or interest in this Lease, or sublet all or any portion of the <br />Leased Premises, including mortgages. <br /> <br />8.2 Estoppel Certificates. Lessor and Lessee from time to time shall execute and deliver to <br />each other or to any person whom the requesting party may reasonably designate, an <br />estoppel certificate consisting of statements, if true, that (or if false, the manner in which <br />false): (a) this Lease is in full force and effect, with Rental paid through the date of the <br />certificate; (b) this Lease has not been modified or amended (or setting forth all <br />modifications and amendments); (c) to the best of such party's knowledge and belief, the <br />other party is not then in default; and (d) such other matters as the requesting party may <br />reasonably request. Such estoppel certificates shall be executed and returned within thirty <br />(30) days after receipt of a written request therefore. <br /> <br />ARTICLE 9 <br /> <br />DEFAULT <br /> <br />9.1 Events of Lessee Default. Each of the following shall be deemed an event of default by <br />Lessee and a material breach of this Lease: <br /> <br />9.1.1 Failure by Lessee to pay any installment of Rental and such failure shall continue <br />for a period of five (5) business day after the date when due, or the failure to pay <br />Impositions (to the extent Lessee is obligated to pay same), utilities, other taxes or <br />other sums of money herein stipulated to be paid by Lessee if such failure shall <br />continue for a period of ten (10) business days after the date when due (provided, <br />however, that an event of default and material breach of this Lease shall not be <br />deemed to have occurred the first time within any twelve (12) month period that <br />any installment of Rental is not paid within five (5) business days after the date <br />when due if such installment of Rental is in fact paid to Lessor within five (5) <br />days of Lessee's receipt of notification from Lessor of such failure); or <br /> <br />11 <br />
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