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HomeMy WebLinkAbout1773 . E . ~ ; 1 s i provisfons relatfve to notice and grace notwfthstandinq, and the Lessee shall then quit and aurrender the Demised Premises to the Lessor but the Lesseo shall remain liable as hereinafter provided. If the Lessee shall contest any proceedinq of an involuntary nature which would be qrounds or cause for tenaination of the Lease under this section, and shall prosecute said defense with due diliqence, provided all other covenants of the Lessee herein made ~ are otherwise kept and performed, the riqht of termination in the Lessor under this section shall be suspended until the ultimate . determination of said matters by a Court of competent jurisdiction ; or until the Lessee shall abandon or fail to take suitable action ' to preserve its riqtits to contest the proceedinqs. The Lessee shall every twenty (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 s~ shall be deemed a termination of the suspension of the Lessor's riqht to terminate as above provided. If a defense shall be brouqht ~y the Lessee and timely prosecuted and the Lessee shall comply with the above provision with reqard.to notice and iaformation to the Lessor, then the right of the Lessor to terminate by reason of the provisions of this section shall be coatrolled by .the outcoane of such litiqation, to-wit: ' a. If such litiqation be resolved in favor of the Lessee, the Lessor shall have no right to terminate by reason of the ~ occurrence of the acts abov~ listed. b. If such~litiqation be resolved aqainst the Lessee, - the Lessor shall have the riqht to terminate~as above . - provided, but nothing herein shall be construed as relievinq the Lessee of the performance of any of its covenants hereia which became performable~prior to the determination of the outcwae of such litiqation ar the earlier abandonment of defense by the Lessee.. 28. Entire Agreement. This instrument constitutes the entire aqreement between the parties, and neither party has been induced by the other by representations, promises or understandinqs not expressed hereim, and there are no collateral agreements, stipu- _ lations, pramises or.understandinqs whatsoever in any way touchinq , the subject matter of this Aqreement which are not expressly con- ; I • . tain~ed herein. ~ ~ ~ ~ ~ ~ ~ 29. Notice. Whenever, under the terms of this Lease Agreement, ~ reference is~made to the givinq of notice by one of the parties ~ 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 qiven and shall be deemed sufficient when qiven by written instru- ment sent by reqistered or certified mail, return receipt requested, addressed to the appropriate party, with gostaqe prepaid. For the - , purposea ~of this paraqraph and this Lease, the addresses ~of the parties hereto are as follaws: ~ LSSSOR: - 300 South 6th Street,_Fort Pierce, Florida LESSEE: 1323 Bayshore Drive, Fort Pierce, Florida f ~ ~ Either party may chanqe the address for qiving of notice hereunder ~'t by.qivinq notice of such chanqe to the other party in the manner ~ ~ above provided. . . 30. Construction. This Lease shall be construed and interpreted in accordance wit e laws of the State of Florida. 31. Severability. The invalidity in whole or in part of any - ~ covenant, praaise or undertakinq or any section, sub-section, sentsace, clause, phrase or word, or of any provision of this Lease, shall aot affect tha validity of the remaininq portions thereof. ~20r ~+~M~~ V?W p?/ICfi p~ ap~iTtiN. ?IIAMKLIN. CMON~N ~ iCM11A}1K. r,A.. 2020 NOIITM[AS'f 16~110 tT11[R. N011TM MIAMI 6EACN. FLORIOA 33162 " _ try ~ _x , . _ ~:--,b - ~ ;^Y ~ . ay.. x _y x. _ ~ ";z,.~~m_. -