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2005-368 (2)
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2005-368 (2)
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Last modified
8/15/2016 10:57:41 AM
Creation date
9/30/2015 9:25:14 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Second Amendment
Approved Date
11/08/2005
Control Number
2005-368A
Agenda Item Number
10.A.
Entity Name
Los Angeles Dodgers City of Vero Beach
Subject
Second Amendment Facility Lease Agreement
Dodgertown
Area
Dodgertown 4001 26th. St.
Supplemental fields
SmeadsoftID
5273
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BK : 1961 PG : 1043 <br /> not operate to exclude or deprive Dodgers of any other right or remedy allowed or available to <br /> them by law or equity. <br /> Section 5 . 02 . Dodgers ' Default. In the event of any failure by Dodgers to observe or <br /> perform any material covenant, agreement, condition, or provision of this Agreement wherein <br /> the City' s remedies on account thereof are not otherwise specifically provided for in this <br /> Agreement, and if such failure shall continue for thirty (30) days after notice thereof has been <br /> delivered by the City to Dodgers, then Dodgers shall be deemed to be in Default hereunder; <br /> provided, however, that Dodgers shall not be in Default with respect to matters which cannot <br /> reasonably be cured within thirty (30) days so long as within such thirty (30) day period, <br /> Dodgers commence such cure and diligently proceed to complete the same thereafter. <br /> Section 5 . 03 . Remedies . In the event of a Default by either party, the party not in <br /> Default shall be entitled, as a non-exclusive remedy, and in addition to or in lieu of an action for <br /> damages, to seek an injunction or decree for specific performance or equitable relief from a court <br /> of competent jurisdiction to enjoin or remedy the Default. <br /> ARTICLE VI <br /> Enforceability <br /> Section 6 . 01 . Binding Effect; Enforceability. The terms and provisions set forth in this <br /> Agreement shall be binding and enforceable by and against the parties in accordance with the <br /> terms hereof. <br /> ARTICLE VII <br /> Assignment and Sublease <br /> Section 7 .01 . No Assigunent or Sublease by City. The City shall not have the right to <br /> assign this Agreement, or sublease the Parking Property or any portion thereof, and any attempt <br /> by the City to assign or sublease shall be null and void ab initio and shall constitute a material <br /> breach of this Agreement by the City, which breach shall entitle Dodgers to terminate this <br /> Agreement immediately upon giving written notice of termination to the City. <br /> Section 7. 02 . Sale of Team . Dodgers may assign this Agreement to any person or entity <br /> that acquires the Team (by any form of acquisition), with the approval of Major League <br /> Baseball, provided that any such assignee explicitly assumes in writing Dodgers ' duties and <br /> responsibilities under this Agreement (in which case the liability of Dodgers shall cease with <br /> respect to liabilities accruing from and after such transfer) . <br /> ARTICLE VIII <br /> Miscellaneous Terms <br /> Section 8 . 01 . Notices . Any notice required by or permitted under this Agreement shall <br /> be given in writing and shall be deemed delivered when delivered by hand or by overnight <br /> (FT28453Z3 ) Page 10 of 21 <br />
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