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H. It is further covenanted and agreed by and between
the parties hereto, in the event of ~he termination of this
lease at any time before the expiration of the term of
years hereby.created, for khe breach by the Lessee of any
of the.covenants herein contained that, in $uch case sIl of _
the right, estate and interest of the Lessee in and under
this indenture and in the demised premises hereinabove ~
described, and all improvements, buildings and the Lessee's
interest in all furniture, furnishings, fixtures and equip- `
ment then situsted in the said demised premises, together i
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with all rents, issues and profits of said premises and i
the improvements thereon, whether then accrued or to accrue,
and all insurance policies and all insurance moneys paid or -
payable thereunder, and the then entire balance undisbursed
of any building escrow fund and the entire undisbursed
balance of any then existing joint bank account which may ~ -
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have been created in connection with the collection of
insurance, and all of them, shall, w.i.tlzc~ut any compensa-
tion therefor unto the Lessee, at.once pass to and become
the property of the Lessor, not as a penalty for forfeiture,
but as liquidated damages to Lessor because of such default
; by Lessee and the consequent cancellation of ~he lease,
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~ each of the parties acknowledging it to be the fact that °
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' for breach and consequent cancellation of a long-term j
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j lease of this character, the Lessor will sustain substantial !
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damage, being damage of such character as to make it most f
---~~C~@1lS(lR1e-SAC~._teCi1.p11S~._~.f no - a~t~tajjV impossible. to as- ~
certain with mathematical precision, and each of the parti.es, ~
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therefor, having agreed upon this provision for liquidated i
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I damages in the interests of obviat'ing what would otherwise ~
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be burdensome and difficult litigation to maintain or to de - ~
~ fend, as the case ma be- and this
` y , provision for liquidated
damages has been taken into account by both parties in
fixing the terms of and the consideration for the making of
this lease.
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