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6B (2)
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01-24-12 Packet
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6B (2)
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11/1/2012 11:45:06 AM
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11. After the service of notice, or the commencement of a suit, or after final judgment <br />for possession of the Parking Lots, the Commission may receive and collect any rent due and the <br />payment of said rent shall not waive or affect said notice, said suit or said judgment. <br />12. If the Provider shall make any assignment for the benefit of creditors or if a <br />receiver is appointed for the Provider or its assets or of the Provider's interest under this <br />Agreement, and if the appointment of such a receiver is not vacated within five (5) days, or if a <br />voluntary or involuntary petition is filed by or against the Provider under the Bankruptcy Act, the <br />Commission may, upon giving the Provider ten (10) days notice of such election, either <br />terminate the Provider's right to the possession of the Parking Lots or terminate this Agreement <br />as in the case of a violation by the Provider of any of the terms, covenants or conditions of this <br />Agreement. <br />13. It is agreed by the parties hereto that in the event the Provider is declared <br />bankrupt or voluntarily offers to creditor's terms of composition or in case a receiver is <br />appointed to take charge of and conduct the affairs of the Provider, then the Commission shall <br />have the right of immediate possession of the Parking Lots. <br />14. That in case any of the Parking Lots shall be so injured by fire, windstorm or <br />other catastrophe as to be rendered untenantable, and shall not be repaired by the Commission <br />and rendered tenantable within ninety (90) days thereafter, it shall be optional with either party <br />hereto to terminate the Agreement by written notice at the end of such ninety (90) days, in which <br />case rent shall be paid at the agreed rate above provided up to the time of such fire, windstorm, <br />or other catastrophe, but in case such injuries are repaired and the Parking Lot rendered <br />tenantable within ninety (90) days, the right to terminate the Agreement for such cause shall not <br />exist, provided, that nothing herein contained shall relieve the Provider from liability for <br />damages where such damages or destruction shall be caused by the carelessness, negligence or <br />improper conduct of the Provider, its agents or servants. <br />15. It is expressly agreed that no waiver or apparent waiver, nor the failure of the <br />Commission to require strict performance of any condition, covenant or agreement shall estop <br />the Commission from enforcing such condition, covenant or agreement, nor shall any other <br />conditions, covenant or agreement at any time be implied. <br />16. At the termination of this Agreement, by lapse of time or otherwise, the Provider <br />will yield up immediate possession to the Commission, and failing to do so, will pay as <br />liquidated damages for each day such possession is withheld, a sum equal to five times the <br />commercially reasonable market per diem rental; but the provisions of this clause shall not be <br />held as a waiver by the Commission of any rights of re -entry as herein set forth; nor shall the <br />receipt of rent or any part hereof, or any other act in apparent affirmance of tenancy, operate as a <br />waiver of the right to forfeit this Agreement and the term hereby granted for the period still <br />unexpired, for any breach of any of the covenants herein. <br />17. It is also agreed that the Provider shall pay and discharge all reasonable costs, <br />attorney's fees and expenses that shall be made and incurred by the Commission in enforcing the <br />17 <br />
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