HomeMy WebLinkAbout0623 _ defend, as the case may be; and this Provision for liqui-
dated damages has been taken into account by both parties
in fixing the terms of and the consideration for the making
of this Lease.
h. The Lessee pledges with and assigns unto the
Lessor all of the rents, issues and profits which might
otherwise accrue to the Lessee for the use, enjoyment and
operation of the Demised Premises, and in connection with
such pledging of such rents, the Lessee covenants and
agrees with the Lessor that if the Lessor, upon defaulL of
the Lessee, elects to file su~t to enforce or cancel the
Lease and perfect the Lessor's rights hereunder, then the
Lessor may, as ancillary to such suit, apply ta any Court
having jurisdiction thereof for the appointment of a Receiver
of all and singular the Demised Premises, and all additions
and accessions thereto, and thereupon, it is expressly cove-
nanted and agreed that the Court shall forthwith appoint a
Receiver with the usual powers anc:-_du~ies of Receivers in
like cases, and such appointment shall be made by such Court
as a matter of strict right to the Lessor, and without ref-
erence to the adequaey or inadequacy of the value of the
property which is subject to the Landlord's lien, or to the
solvency or insolvency of the Lessee, and without reference
to the commission of waste.
26. Costs and Attorne 's Fees. In any proceeding arising by
reason of an allege ailure o e Lessee to perform any of its
duties and obligations pursuant to the provisiofis hereof, or by
reas~n of an alleged breach of any of the terms and/or conditions
or covenants of this Lease, or by reason of any default in the
payment of any monies, rentals or sums due or becoming due under
the terms and provisions hereof, or by reason of any action by
the Lessor to require the Lessee to comply with its duties and
obligations hereunder, the Lessor shall, in the event it shall
prevail in such action, be entitled to re~over its reasonable
attorney's fees incurred, together with all costs, including
those not normally allowab le in actions at law, such as but not
limited to copies of depositions, whether or not used at trial;
travel expenses for witnesses traveling from without St. Lucie
County for the purpose of testifying at trial or deposition; v~~ael•t
expert
witness fees tor testifying at triai or deposition, together with
such additional fees as the expert witness may charge the Lessor
in connection with his preparation for giving such testimony;
and witness sub~poenas issued to insure the presence of witnesses
at deposition or at trial whether or not the witness shall
actually appear or be calle~i~upon to testify. In the event of
any dispute or litigation between the Lessor and the Lessee
in connection k~ith any alleged breach or default upon the part of
the Lessee wherein the Lessor deems it advisable or necessary to
retain the services of an attorney, and which is settled prior to
a judicial determination of the~iss~'~~., or prior to litigation,
by the Lessee paying the monies demanded, or by the Lessee other-
wise complying with the demands of the Lessor as to the Lessee's
duties and obligations under the terms of this Lease, the Lessor
will be deemed to have prevailed in such dispute or ~ontroversy,
and to be entitled to the recovery of his reasonable attorney's
fees incurred in connection therewith.
27. Solvency of Lessee. If, during the term Qf this Lease,
(a) the Lessee shall make an assignment for the benefit o€ creditors;
or (b) a voluntary or involuntary petition shall be £iled by or
against the Lessee under any law having for its purpose the adjudica-
tion of the Lessee as a bankrupt or the extension of the time of
payment, composition, adjustment, modificati.on, settlement or
satisfaction of the lia}~ilities of the Lessee or the reorganization
of the Lessee; or (c) a permanent receiver be appointed for the
property of the Lessee; or (d) any governmental authority sha12
take possession of the lands described in the Declaration of
Condominium of the Condominium, this Lease, at the option of the
Lessor, shall be terminated and shall expire as fully and completely
as if the day of happening of such contingency coincided with the
date specifically fixed as the expiration of the term hereof, the
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