HomeMy WebLinkAbout0622 (15) days after written notice of such default shall have been
given by the Lessor to the Lessee; and where the alleged
default consists of some violation other than the foregoing,
the Lessor may not declare this Lease in default until such
violation shall have continued £or thirty (30) days after the
Lessor shall have given the Lessee written notice of such
violation, and t,~e Lessee shall not have undertaken, during said
thirty day notice period, to cure said violation by vigorous
and affirmative action; provided, however, that nothing
herein ~ontained shall be construed as~precluding the Lessor
from having such remedy as may become necessary in order to
preserve the Lessor's rights and the interest of the Lessor
in the premises and in this Lease, even before the expiration
of the grace or notice periods provided for in this paragraph
if, under particular circumstances then existing, the allow-
ance of such grace period or the giving of such notice would
prejudice or endanger the rights and estate of the Lessor in
this Lease and in the Demised Premises.
d. All default and grace periods shall be deemed to run
concurrently and not consecutively.
e. It is mutually covenanted and agreed that the
various rights, powers, options, elections, privileges and
remedies of the Lessor contained in this Lease shall be con-
strued as cumulative, and no one of them shall be construed as
being exclusive of any other, or exclusive of any rights or
priorities by law.
f. It is further covenanted and agreed by and between
the parties hereto that the right to the Lessor in this Lease
to collect the rent that may be due under the terms of this
Lease by any proceedings under the same, or the right to
collect any additional rent, money, or payments due under the
terms of this Lease by any proceedings under the same, or the
right given th~ Lessor to enforce any of the terms and pro-
visions of this Lease, shall not in any way affect the
rights of the Lessor to declare this Lease voi~ and the term
hereby ended, as herein provided, when default is made by the
Lessee in any of the terms and provisions hereof.
g. It is further covenanted and agreed by and between
{ the parties hereto that in the event of the termination of
~ this Lease at any time before the expiration of the term
~ of years hereby created, for the breach by the Lessee of any of
~ the covenants herein contained, then all of the right, estate
' and interest of the Lessee in and under this Indenture and
~ in the Demised Premi~es, and all additions and accessions
thereto then situated on the said Demised Premises, together
~ with all rents, issues and profits of said premises and the
irnprovements thereon, whether then accrued or to accrue, and all
insuranc~ policies and all insurance monies paid or payable
thereunder, and the then entire undisbursed balance of any
building escrow fund, and the entire undisbursed balance of any
then existing joint bank account which may have been created under
~ the terms hereof, and all of them, shall at once pass to and
~ become the property of the Lessor without any compensation
~ therPfor unto the Lessee, not as a pPnalty for forfeiture,
~ but as liquidated damages to Lessor because of such default
~ by Lessee and the consequent cancellation of the Lease, each
~
~ of the parties acknowledging it to be the fact that for breach
t° and consequent cancellation of a long-term lease of this
~ character the Lessor will sustain substantial damage of such
character as to make it most burdensom~ and tedious, if not
~ actually impossible, to ascertain the amount thereof with
~ mathematical precision. ~ach of the parties, therefor,
~ have agreed upon this provision for liquidated damages
in the interests of obviating what would otherwise be
~ burdensome and difficult litigation to maintain or to
~
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lAW OFFIGES OF GOlD8TE1N. FRANKLIN. CHONIN Q SCHRANK. P_ A., 2020 NORTHEAST 163~n STREET, NORTH MIAMI BEACH, FLORIDA 33162