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HomeMy WebLinkAbout0624 provisions relative to notice and grace notwithstanding, and the - Lessee shall then quit and surrender the Demised Premises to the Lessor but the Lessee shall remain liable as hereinafter provided. If the Lessee shall contest any proceeding of an involuntary nature which would be grounds or cause for termination of the Lease under this section, and shall prosecute said defense with due diligence, provided all other covenants of the Lessee herein made are ottierwise kept and performed, the right of termination in the Lessor under this section shall be suspznded until the ultimate i determination of said matters by a Court of campetent jurisdiction or until the Lessee shall abandon or f ail to take suitable action to preserve its rights to contest the proceedings. The Lessee shall every twent~ (20) days notify the Lessor of its continued intention to prosecute its defense, and further, shall advise the Lessor of the state of all litigation then pending, and the failure of the Lessee to do so shall be deemed a termination of the suspension of the Lessor's right to terminate as above provided. If a defense shall be brought by the LesSee and timely prosecuted and the Lessee shall comply with the above provision with regard to notice and information to the Lessor, then the riqht of the Lessor to terminate by reason of the Frovisions of this section shall be controlled by the outcome of such litigation, to-wit: a. If such litigation be resolved in favor of the Lessee, the Lessor shall have no right to terminate by reason of the occurrence of the acts above listed. b. If such litigation be resolved against the Lessee, the Lessor shall have the right to terminate as above provided, but nothing herein shall be construed as relieving the Lessee of the performance of any of its covenants herein which became performable prior to the determination of the outcome of such litigation or the earlier abandonment of defense by the Lessee. 28. Entire Agreement. This instrument constitutes the entire agreement between the parties, and neither party has been induced by the other by represei?tatic:-~s, promises or understandings not expressed herein, and there are no collateral agreements, stipu- ~ lations, promises or understandings whatsoever in any way touching the subject matter of this Agreement which are not expressly con- i tained herein. ~ I ~ 29. Notice. Whenever, under the terms of this Lease Agreement, § reference i- ade to the giving of notice by one of the parties s hereto to the other, or whenever either of the parties shall desire ~ to give notice of any matter to the other, such notice shall be ~ given and shall be deemed sufficient when given by written instru- ~ ment sent by registered or certif ied mail, return receipt requested, addressed to the appropriate party, with postage prepaid. For the purposes of this paragraph and this Lzase, t;:~ ~uu1VJJV~ ~f parties hereto are as follaws: z ~ i,ESSOR: 30 West Washington Street, Chicago, Illinois ~ ~ ~ ~ ~ ~ ~ LESSEE: 1323 Bayshore Drive, Fort Pierce, Florida ~ c.ither party may change the address for giving of notice hereunder by giving notice of such change to the other party in the manner ~ above provided. ~ € ~ ~ 30. Construction. This LeasE sha11 be construed and interpreted ? in accordance wit t e laws of the State of Florida. ~ ~ ' ~ 31. Severability. The invalidity in whole or in part of any ~ covenant, promise or undertaking or any section, sub-section, ~ sentence, clause, phrase or word, or of any provision of this Lease, ~ shall not affect the validity of the remaining portions thereof. _20_ BOOKIV~ PACE V~~ LAW OFFIGES OF GOLOfTEiN, FRANKL~N. CNONIN d SCHRANK. P. A.. 2020 NORTMEAST 163~o STRE£T. VORTH MIAMI B£ACN, FLONIDA 33162 - - - - - -