Loading...
HomeMy WebLinkAbout1796 provisions relative to notice and grace notwithstanding, and the I.eeeee shall then quit and aurrender the Demised Premises~to the Lessor but the Lessee ahall remain liable as hereinafter provided. if the Lessee shall conteat any proceedinq of an involuntary nature which~WOUld be grounds or cause for termination of the Lease under this sectfon, and ahall prosecute said defense with due diligencs, provide8 all other covenants of the Leseee herein made are otherNfse kapt and perfonaed, the right of termination in the Lessor under thie section shall be suspended until the ultimate determination of eaid matters by a Court of caapetent ~urisdiction or utitil the Lessee ahall abandon or fail to take suitable action to preserve its riqhts to contest the proceedinqs. The Lessee shall every twenty (20) daya notify the Leasor of its continued intention to prosecute its'defense, and further,.shall advise the Lessor ~ of the state of all litiqation then pendinq, and the failure of ~ the Lessee to do so shall be deemed a terminatfon of the suspension of the Lessor's rfqht to terminate as above provided.- If a defense shall be brouqht by the Lessee and~timely prosecuted and the Lessee shall caaply with the above proqision With reqard to notice and ~ information to the Lessor, then the riqht of the Lessor to terminate by reason of the provisfons of this section shall_be controlled ~ by the outccme of auch littqatfon, to-Wit: a. If such litiqation be resolved in favor of the Lesses, the Lessor shall have no riqht to tern?inate by reason of the occurrence of the acts above listed. ~b. If such~litiqation be resolved aqainst the Leasee, the Lessor shall have the riqht to terminate as above provideel, but nothinq herein shall be construed as relievinq the Lessee of -the perfoxm~ance of any of its cavenants herei~ci which became performable prior to the determination of the outccme of such litiqation or the earlier abandonment of defense by the Lessee. - ~ 28. Entire Agreement. This instrument constitutes the entire agreement bet~een the parties, and neither party has been induced by the other by representations, praaises or understandinqs not expressed herein, and the=e are no collateral aqreeinents, stipu- lations, praaisea or understandinqs whatsoever in any Way touchinq ; the subject-matter of this Aqreement which are not expressly con- • tained herein. I ~ ~ 29. Notice. Whenever, under the terms of this Lease Agreement, ` { ` reference~ made to the qivinq o~ notice by one of~.the parties hereto to the other,-or whenever either of the parties shall desire to qive notice of any matter to the other, such notice shall be qiven and shall be deeaned sufficient when qiven by written instru- ~ment sent by reqistered or certified mail~, return receipt requested, addressed to the appropriate party, `rith postage prepaid. For the , purpo8es of thia paraqraph and this Lease, the addressea of the parties• hereto are as folla~rs: LSSSOR: 300~South 6th Street, Fort Pierce, Florida LESSEE: 1323 Bayshore Drive, Fort Pierce, Florida ~ Either party may chanqe the addreas for givinq of notice hereunder 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 w e laws of the State of Florida. 31. Severabilit . The_invalidity in whole or in part of any co~venaat, pr se or~andertakinq or any section, sub-section, senteace, clause, phra~e or vord, or of any pravisioa o! this Lease, •hall not atfect.the validity of the remaining portfoas thereof. -20- ~ooK188 ~~1793 uw p~~IGp pf pp~pRp/~, /11ANKLIM. CNONIN ~~CMRANK.'.A.. !O!O NORTMtAR tt~np sTR[[T. NORTM MIAMI •[ACM. /LORIDJI i~l~! y;~~r.~.sr* ..~qa - . . . . '':^3ri.....~'a''.a iN.~ ~,.~k~~_TY~'"r'._~,a',b ~ :=~'~.T-~.~:._€~ ~ ,7„ '.r~ Me'-. ,-~~~x , ~ ~ ^