Res 2006-016 - Laserfiche WebLink

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e,t, voi F~ i]5i]2491` DF'R ?99i1 ~2i (c) No sublessee shall have any right to sublease or otherwise assign or encumber its interest in, or to grant any license for the use of, the Leased Premises. (d) Notwithstanding any of the foregoing appearing to the contrary, Lessee may assign all of its rights in and to this Lease pursuant to that certain Sponsor Entity Right of First Refusal Agreement (the "ROFR Agreement") dated as of September 16, 2005 by and among the Trust and JD Holdings, LLC at any time after the Commencement Date; provided (i) such assignment is to JD Holdings, LLC or any other entity to whom JD Holdings, LLC may assign its rights under the ROFR Agreement without the consent of John Q. Hammons or the Trust; and (ii) the entity receiving the assignment expressly assumes all of the covenants and obligations of Lessee herein in a writing acceptable to the City in its sole discretion. ARTICLE 8 Default of Lessee 8.1 Default. Lessee shall be in default if any of the following events (each an "Event of Default") shall occur: (a) the failure on the part of Lessee to pay, when due, Base Rent or any other payment required pursuant to this Lease (a "Monetary Default") and the continuation of such failure for ten (10) days after Lessor has provided to Lessee a written notice of such failure; (b) the sale, conveyance, assignment or subletting of this Lease or all or any portion of the leasehold estate created hereby other than as permitted under Section 7.1 of this Lease (an "Assignment Default"); (c) the transfer of the Hotel to a Tax Exempt Entity (a "Hotel Transfer Default"); (d) the failure of Lessee to comply with its obligations under Article 6 of this Lease (an "Insurance Default"); (e) the failure on the part of Lessee to comply with any term, provision or covenant of this Lease (other than a Monetary Default, an Insurance Default, or an Assignment Default), and the continuation of such failure for a period of thirty (30) days from and after the date notice of such failure is given by Lessor to Lessee; provided, however, no Event of Default shall exist if Lessee shall have commenced to cure such failure and shall be proceeding with reasonable diligence to completely cure such failure (provided such failure must be cured within ninety (90) days after such notice); (f) the occurrence of an Event of Default (as defined in the Master Agreement) under the Master Agreement; (g) the making of any general assignment for the benefit of creditors by Lessee or any guazantor of Lessee's obligations under this Lease; (h) the filing of a voluntary petition in bankruptcy or a voluntary petition for an arrangement or reorganization under the United States Federal Bankruptcy Act (or similaz statute or law of any foreign jurisdiction) by Lessee or any guarantor of Lessee's obligations hereunder; (i) the appointment of a receiver or trustee for all or substantially all of Lessee's interest in the Leased Premises or its leasehold estate hereunder if not removed within ninety (90) days; (j) the entry of a final judgment, order or decree of a court of competent jurisdiction adjudicating Lessee or any guazantor of Lessee's obligations hereunder to be bankrupt, and the expiration without appeal of the period, if any, allowed by applicable law in which to appeal therefrom; or (k) any guazanty of Lessee's obligations hereunder is found by a court of competent jurisdiction to be unenforceable, invalid, void or otherwise impaired so as not to be enforceable in strict accordance with its teens as written. 1 C-15 803273 4