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defend, as ths ca$e nuiy bej and this provision !or liqui- ;
dated damages has been taken into account by both parties
in tixinq the terma of and the consideration ~or the makinq
ot this Lease. ~
h. The Lessee pledqes with and assiqns unto the
. Lessor all of the rents,~issues and profits which miqht
otherwise accrue to the Lessee for the use, enjoyment and {
operatfon of the Demiaed Premises, and ia connection with
such pledqinq of such rents, the Lessee covenants arid
aqrees wi~h 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 additiona
and accessiona thereto, and thereupon, it is expressly cove-
nanted and aqreed that the Court shall forthwith appoint a
Receiver with the usual pQwers and duties of Receivers in
like cases, and such appointment shall be made by such Court
as a matter of strict riqht 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 in~olvency of the Leasee, and without reference
to the coonmiasion of waste.
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26. Costs and Attorne 's Fees. In any proce~dinq arisinq by
reason of an a eqe ai ure o e Lessee to perform any of its -
duties and obligations pursuar?t to the provisions hereof, or by
reason of an alleqed breach of any of the terias and/or conditiona
or covenants of this Lease, or by reason of any default in the ;
payment of any moniea, rentals or sums due or becoming due under ;
the tertas and provisions hereof, or by reason of any action by
the Lessor to require the Lessee to comply with its duties and
oblfqations hereunder, the Lessor shall, in the event it shall
prevail in such action, be entitled to recover its reasonable
attorney's fees incurred, toqethes with all costs, including
those not normally allawahle in actions at law, such as but not
limited to copies of depositions, whether or not used at trial;
travel expenses for witnesses travelinq from without St. Lucie
County for the purpose of testifyinq at trial or deposition; expert
for the purpose of testifyinq at trial or deposition; expert ,
witness fees for testifying at trial or deposition, together with -
such additional fees as the expert witness may charqe the Lessor
in connection with his preparation for qiving 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 default upon the part of
the Lessee wherein the Lessor deems it advisable or necessary.to
re~ain the services of an attorney, and which is settled prior to
a judicial determination of the issue, or prior to litiqation,
by the Lessee payinq the monies demanded, or by the Lessee other-
wise c~nplyinq with the demands of the Lessor as to the~ I,essee's
duties and obliqation~ 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 i
fees incaf"red in connection therewith.
27. Solven of Lessee. If, during the term of this Lease,
(a) the Lessee s 1 ce an assiqnment for the benefit of creditors;
or (b) a voluntary or involuntary petition shall be filed by or
aqainst the Lessee under any la~r havinq for its purpose the adjudica-
tion of the Lessee as a bankrupt or the extension of the time of
payment, co~aposition, adjustment, modification, settlement or
satisfaction of the-liabilities of the Lessee or the reorganization
of the Lesseej or (c) a permanent receiver be appointed for the
property of the Lesseej or (d) any qovernmental authority shall
take posseasfon of the landa described in the Declaration of
Condaainium of the Condoa~infum, this Leaee, at the option of the
Lessor, shall be terminated and ehall expire as fully and"caapletely
as i! tha day of happeninq of such continqency coinciAed Mith the
date specitically tixed as the expiration ~ ~ eof, the
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LA1M OI/~Gis 0/ O~OI.O~TS/M. /RAMKLIN. CIIONIN p,. =O!O NORTM[A!T iS~~O aT1~[~7. NOMM MJAMI tIACM. FLORlDA »18! ~
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