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HomeMy WebLinkAbout1772 . ~ i 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 pledqes with and assiqns 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, a~d in connection with such pledqing of such rents, the Lessee covenants and aqrees 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 riqhts hereunder, then the ; Lessor may, as ancillary to such suit, apply to any Court havinq jurisdiction thereof for the appointment of a Receiver ` of all and sinqular the Demised Premises, and all additions and accessions thereto, and thereupon, it is expressly cove- . t ~ nanted and agreed that the Court shall forthwith appoint a ~ . Receiver with the usual pawers 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 - 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. Ih any proceeding arisinq by reason of an a eqe ai ure o e Lessee to perform any of its ~ duties and obliqations pursuant to the provisions hereof, or by reason of an alleqed 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 swns due or becominq 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 t obliqations hereunder, the Lessor shall, in the event it shall prevail in such action, be entitled ta recover its reasonable attorney's fees incurred, toqether with all costs, including - those 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 t _ for the purpose of testifying at trial or deposition; expert ~ witness fees for.testifying at trial 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 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 o€ ~ ~ any dispute or litiqation between the Lessor and the Lessee in connection with 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 issue, or prior to litigation, by the Lessee paying the monies demanded, or by the Lessee otheY- wise complying with-the demands of the Lessor as to the Lessee's duties and obliqations under the terms of this Lease; the Lessor will be deemed to have prevailed in such dispute or controversy, ~ and to be entitled to the recovery of his reasonable attorney's ~ fees incuYred in connection therewith. ~ . ~ 27. Solvency of Lessee, If, during the term of this Lease, ; (a) the Lessee shall make an assignment for the benefit of creditors; , F or (b) a voluntary or involuntary petition shall be filed by or ~ against the Lessee under any law havi.ng for its purpose the adjudica- J ~ 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 qovernmental authority shall ~ take possession of the lands described in the Declaration of Condaminiwa? of the Condominium, this Lease, at the option of the Lessor, shall be terminated and shall expire as fully and completely a~s if the day of happeninq of such continqency coincided with the dats specifically fixed as the expiration of the term hereof, the -19- ~w a'~CU ~~~R~~~• ~~M~M. CMON~N ~ iGMMNK. ?.A.. 2020 MORTNCAiT 10~~0 tTQER. N011TH MIAMI BEACM. FLORIOA »162 ~ ~ ~ ~ - _ _ - ' ~ r- •r.-~-~~"",`.~s^'~-~= ~ x~ ~ . ,