a resolution authorizing an amendment to an existing lease ...

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named as and additional insured and that the LESSI;E has obtained insurance in the type, amount and classification required for strict compliance with this Section and that no material change or cancellation of this insurance shall be effective without thirty (30) days prior notice to the LESSOR. 13.3 Failure on the part of the LESSEE to obtain and maintain all required insurance coverage is a material breach upon which the LESSOR may, in its sole discretion, immediately suspend LESSEE'S performance or terminate this Agreement 13.4 Indemnification and Hold Harmless. To the fullest extent permitted by Laws and Regulations, the LESSEE shall indemnify and hold harmJess the LESSOR.and its consultants, agents, and employees from and against an claims, damages, losses, and expenses direct, indirect, or consequential (including but not limited to fees and chares of attorneys and other professionals and court and .arbitration costs) arising out of or resurting from the performance of the work, provided that any such claim, damage, loss, or expense (a) is attributable to bodily injury, sickness, disease or death r or to injury and (b) is caused in whole or in pat by any willful or negligent act or omiSSion of LESSEE r any subconsultant r or any person· or organization directly or indirectly employed by any of them to perform or furnish any of the work or anyone for whose acts any of them may be Iiable r regardless of whether or not it is caused in part by a party indemnified hereunder or arises by or is imposed by Law and Regulations regardless of the negligence of any such party. 13.5 In any and all claims a'gainst the LESSOR or any of its consultants, agents, or employees by any employee of LESSEE r and subconsultant, any person or organization directly or indirectly employed by any of them to perform or furnish any of the work or anyone for. whose acts any of them may be liable r the indemnification obligation under the above paragraph shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for LESSEE or any such subconsuJtant or other person or organization under workers' or workman's compensation acts r disability benefit· acts, or other employee benefit acts. It is· the specific intent of the parties hereto . that the foregoing indemnification complies with Section 725.06 (Chapter 725), Florida Statutes. ARTICLE 14 14.1 TERMINATION LESSOR may, by written notice to LESSEE, terminate the whole or any part of this Agreement if, in the judgment of the City IVJanager: 9
·' a) LESSEE has materially breached any portion of this Agreement; b) LESSEE fails to timely provide and/or satisfactorily perform any task, deliverable, service, or other work required under this Agreementj c) LESSEE has assigned or delegated its duties or subcontracted any performance of this Agreement without prior written consent by the LESSOR; ,d) Insolvency of lESSEE. LESSEE shall be deemed insolvent if it has ceased to pay its debts for at least sixty days in the ordinary course of bUSiness, whether or not a petition has been filed under the Federal Bankruptcy Code and whether or not LESSEE is insolvent within the meaning of such laws; e) There 'has been a filing of a voluntary or involuntary petition regarding LESSEE under the Federal Bankruptcy Code; f) There has been the apPointment of a Receiver or Trustee for LESSEEi' g) There has been an execution by LESSEE of a general aSSignment for the benefit of creditors. If, after LESSOR has given notice of termination under the provisions Hereunder/ if it is determined by LESSOR that LESSEE was not in default under these provisions/ or that the default was excusable under these provisions, the rights and obligations of the parties shall be the same as if the notice of termination had been issued pursuant to Paragraph 14.2 (Termination for Convenience). The rights and remedies of LESSOR provided in this Paragraph 14.1 are non-exclusive and cumulative. 14.2 Termination for Convenience. This Agreement, may be terminated/ when such action is deemed by LESSOR to be in its best interest. Termination shall be effected by delivery to LESSEE of a notice of termination specifying the extent to which performance of Agreement is terminated and the date upon which such termination becomes effective, which shalf be no less than ten (10) days after the notice is sent. After receipt of a notice of termination/ LESSEE shall submit its termination claim and invoice to LESSOR/ in the form and with any certifications as may be prescribed by LESSOR. Such cfaim and invoice shal1 be submitted promptly, but not later than three months from the effective date of termination. Upon failure by LESSEE to submit its termination claim and invoice within the time allowed, LESSOR may determine on the basis of the information available to 10
Page 1 and 2: CITY OF CORAL GABLES, FLORIDA RESOL
Page 3 and 4: .' CONCESSION AGREEMENT BElWEEN CIT
Page 5 and 6: , . employment records, and proprie
Page 7 and 8: B. The LESSEE shall control the con
Page 9 and 10: materials! shall have the right to
Page 11 and 12: named as and additional insured and
Page 13 and 14: the LESSOR, the amount, if any, due
Page 15 and 16: easonable diligence, prevented, rem
Page 17 and 18: \. ARTICLE 26 26.1 COUNTERPARTS - T
Page 19 and 20: SCHEDULE "A" Equipment List for Gra
Page 21 and 22: CITY OF CORAL GABLES, FLORIDA COpy
Page 23 and 24: EXTENSION TO CONCESSION AGREeMENT B
Page 25 and 26: .- CITY OF CORAL GABLES, FLORIDA RE
Page 27 and 28: . ARTICLE 3 3.1 DESCRIPTION OF LEAS
Page 29 and 30: alternations or modifications of th
Page 31 and 32: A. Electrical distribution to the e
Page 33: . claims arising out of the service
Page 37 and 38: not be tolerated and are grounds fo
Page 39 and 40: ," 22.2 CONFUCT OF INTEREST LESSEE
Page 41 and 42: ..... • ARTICLE 30 30.1 TIME IS O
Page 43: t .. , I ..., , \~: CITY OF CORAL G

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