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Reso 1997-146 to 150
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Reso 1997-146 to 150
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Resolution
Document Date (6)
12/31/1997
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22. ASSIGNMENT. <br />Except as otherwise provided below, Lessee shall not assign this Lease or the <br />rights and entitlement granted hereunder, or sublet all of the Leased Premises without <br />the prior written consent of Lessor, which consent shall not be unreasonably withheld <br />or delayed, provided the assignee has the experience, qualifications and financial <br />strength of Lessee. Lessee shall notify Lessor of any proposed assignment or <br />subletting at least thirty (30) days prior to the proposed effective date of such <br />assignment or subletting. In the event that any such assignment or subletting is <br />approved by Lessor, Lessor shall thereafter release Lessee from liability under this <br />Lease. Lessor's consent shall not be required for any assignment or sublease of all or <br />any portion of Lessee's interest in this Lease to any individual corporation, <br />partnership or other entity which controls, is controlled by or is under common <br />control with Lessee to any corporation resulting from the merger of or consolidation <br />with Lessee or in connection with the sale of all or a majority of Lessee's assets or the <br />stock of Lessee ("Lessee's Affiliate"). In such case, any Lessee's Affiliate shall assume <br />in writing all of Lessee's obligations under this Lease. Notwithstanding the foregoing <br />to the contrary, Lessee shall be permitted to enter into subleases or concession <br />agreements for the operation of the pro shop, food and beverage services and other <br />related activities at the Leased Premises and such subleases and/or concession <br />agreements shall not be considered assignments for purposes of this Article 22. <br />23. BREACH AND REMEDIES. <br />The following conditions will constitute a breach of this Lease and a default <br />thereunder: <br />23.1 Conditions of Default. <br />23.1(a) If Lessee fails to pay rent or fulfill any other monetary <br />obligation of Lessee to Lessor, and Lessee fails to cure such monetary default within <br />thirty (30) days after written notice from Lessor to Lessee of such monetary default. <br />23.1(b) If either party fails to perform any of its other non -monetary <br />obligations under this Lease when due or called for, and the party in default fails to <br />cure such non -monetary default within sixty (60) days after written notice from the <br />non -defaulting party of such non -monetary default; provided, however, that if the <br />nature of the non -monetary default is of a nature such that it cannot be fully cured <br />within that sixty (60) day period, the party in default shall have such additional time <br />as is reasonably necessary to cure the default so long as the party in default is <br />LEASE AGREEMENT BETWEEN <br />CITY OF SAN LEANDRO AND AMERICAN GOLF PAGE 30 <br />11/13/97 FINAL J:\WPMSL\136WI\AGREE\GOLFCOUR\AGREEV.EASE.CLN <br />
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