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
~
~
~
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~ 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
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