Common use of Other Relief Clause in Contracts

Other Relief. All monetary obligations of the Concessionaire of any kind shall be considered rent. State shall have such rights and remedies for failure to pay such monetary obligations as State would have if Concessionaire failed to pay rent due. The remedies provided in this contract are in addition to any other remedies available to State at law, in equity, by statute, or otherwise. No Buy-out: In accordance with Public Resources Code Section 5080.18 (h), where the contract has been terminated due to a breach on the part of the Concessionaire under any terms of this contract the State shall not be obligated to purchase any improvements made by Concessionaire or to pay the Concessionaire for said improvements before or after taking possession of the Premises. DEFAULT BY STATE State shall not be in default of the performance of any obligation required of it under this contract unless and until it has failed to perform such obligation for more than thirty (30) days after written notice by Concessionaire to State specifying the alleged default and the applicable contract provision giving rise to the obligation. However, if the nature of State's obligation is such that more than thirty (30) days is required for its performance, then State shall not be deemed in default if it shall commence performance within such 30‑day period and thereafter diligently prosecute the same to completion. SURRENDER OF THE PREMISES; HOLDING OVER Surrender: On expiration or within thirty (30) days after earlier termination of the contract, Concessionaire shall surrender the Premises to State with all fixtures, improvements, and Alterations in good condition, except for fixtures, improvements, and Alterations that Concessionaire is obligated to remove. Concessionaire shall remove all of its personal property and shall perform all restoration required by the terms of this contract within the above stated time unless otherwise agreed to in writing.

Other Relief. All monetary obligations of the Concessionaire of any kind shall be considered rent. State shall have such rights and remedies for failure to pay such monetary obligations as State would have if Concessionaire failed to pay rent due. The remedies provided in this contract are in addition to any other remedies available to State at law, in equity, by statute, or otherwise. No Buy-out: In accordance with Public Resources Code Section 5080.18 (h), where the contract has been terminated due to a breach on the part of the Concessionaire under any terms of this contract the State shall not be obligated to purchase any improvements made by Concessionaire or to pay the Concessionaire for said improvements before or after taking possession of the Premises. DEFAULT BY STATE State shall not be in default of the performance of any obligation required of it under this contract unless and until it has failed to perform such obligation for more than thirty (30) days after written notice by Concessionaire to State specifying the alleged default and the applicable contract provision giving rise to the obligation. However, if the nature of State's obligation is such that more than thirty (30) days is required for its performance, then State shall not be deemed in default if it shall commence performance within such 30‑day period and thereafter diligently prosecute the same to completion. SURRENDER OF THE PREMISESSTATE BUY-OUT PROVISIONS Notwithstanding any other provision in this contract and in addition to any other remedy available to State, upon twelve (12) months written notice, State shall have the option to terminate the contract and to pay Concessionaire the then depreciated cost of the facilities placed, created, or developed by Concessionaire on the Premises. It is expressly understood that this paragraph does not apply to the situation where the State may terminate this contract for any breach on the part of the Concessionaire under Paragraph 29, "Default By Concessionaire", or where the contract is terminated at Concessionaire's request. Where there has been a breach on the part of the Concessionaire, under any terms of this contract, the State shall not be obligated to pay the Concessionaire before or after taking possession of the Premises. In the event of breach, bankruptcy, insolvency, abandonment, or the contract is determined at Concessionaire's request, the buy-out provisions contained herein are not to be considered as an obligation of the State. For the purposes of this paragraph, such facilities shall be deemed to be the structures Concessionaire is expressly required to construct, create, or develop under Paragraph 10, "Construction and Completion of Improvements", or later adds, including all real property improvements and Concessionaire’s personal property as specified by State, which may include docks; HOLDING OVER Surrender: On expiration or within retail space; office space; floating public restroom, sewer pump-out; courtesy dock; necessary connector floats and ramps; and marina cable and anchoring systems. The cost of such facilities for the purposes of this paragraph shall be those values established under Paragraph 10(e), "Construction and Completion of Improvements", above. Under this paragraph, if contract is terminated during the first twenty-five (25) years, the amount to be paid as the then depreciated cost of the facilities shall be based on a six percent (6%), thirty (30) days after earlier termination year capital recovery schedule, which shall provide seven thousand two hundred sixty five dollars ($7,265) for each one hundred thousand dollars ($100,000) of beginning cost, multiplied by the remaining years of the contract. In the event State exercises the buy-out provision during the last five (5) years of the contract, Concessionaire buy-out shall surrender be at fair market value as agreed upon by both parties. Should parties be unable to reach an agreement on fair market value, the Premises to State with all fixtures, improvements, and Alterations in good condition, except for fixtures, improvements, and Alterations that Concessionaire is obligated to remove. Concessionaire fair market value shall remove all of its personal property and shall perform all restoration required be determined by the terms of this contract within the above stated time unless otherwise agreed to in writing.arbitration as set forth below: