HomeMy WebLinkAbout0835 defend, as the case may be; and this provisian for liqui-
dated damages has been taksn into account by both parties
in fixing the terms of and the consideration for the makinq
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 default of
the Lessee, elects to file suit to enforce or cancel the
Lease and perfect the Lessor's rights hereunder, then the
Lessor may, as ancillary to such suit, apply to 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 aqreed that the Court shall forthwith appoint a
Receiver with the usual powers and duties 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 adequacy or inadequacy of the value of the T
prpperty which is sub~ect to the Landl9rd's lien, pr to th~ '
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 alleged ailure of the Lessee to perform any of its duties
and obligations pursuant to the provisions hereof, or by reason 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 duti.es and obligations hereunder, the Lessor shall,
in the event it shall prevail in such action, be entitled to recover
its reasonalile attorney's fees incurred, tbgether with aIl costs, in- -
cluding thos~~ not normally allowable 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; expert witness ;
~ fees for testifying at trial or deposition, together with such addi-
~ tional fees as the expert witness may charge the Lessor in connection
~ with his preparation for giving such testimony; and witness subpoenas
~ issued to insure the presence of witnesses at deposition or at trial
whether or not the witness shall actually appear or be called upon to
~ testify. In the event of any dispute or litigation between the Lessor
and the Lessee in connection with any alleged breach or defanlt upon
the part of the Lessee wherein the Lessor deems it advisable or neces-
sary to retain the services of an attorney, and which is settled prior
to a judicial determination of the issue, or prior to litigation,
by the Lessee paying the monies demanded, or by the Lessee otherwise
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 controversy, and to be en-
titled to the recovery of his reasonable attorney's fees incurred in
~ connection therewith.
~ 27. Solvenc of Lessee. If, during the term of this Lease,
~ (a) the Lessee shal make an assignment for the benefit of creditors;
or (b) a voluntary or involuntary petition shall be filed 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, modification,'settlement or
~ satisfaction of the liabilities 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 shall
~ , 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 specifioally fixed as the expiration of the term hereof, the
-19- BOR01(1V~ ~E Oe,?~J ~
LAW OFfIC[S OF aOLOiT[IN, FRANI:LIN, CMONIN e iCHRANK, r. A.. 2020 NORTHEAiT 163~o STREET. NOMH MIAMI BEACM. /LORIDA ~3142
_~~-~s,c~a>
= ~