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3n def`ault until such violation shall have continued i'or thirty t
(30) days after the Lessor shall have given the Zessee writ ten ~
notice of such viola tion, and the Lessee shall no t have under-
taken, durin~ said thirty day period, to cure said violation by
vigorous and affirmative action; provided, however, that nothing
herein contained shall be construed as precluding the Lessor .
from havin~ such remedy as may become necessary in order to pre-
serve the Lessor's rights and the interest of the Lessor in the
premises and in this Lease, even bePore the expiration ~r the
grace or notice periods provided for in this para~raph if, un-
der particular circumstances then existing, the allowance of
such grace period or the givir~ of such notice would pre~udice
i or endanger the rights arid estate of the Lessor in this Lease
I and in the Demised Premises. _
` ~ d. All default and grace periods shall be deemed to run
~ concurrently and not consecutively.
e. It is mutually covenanted and agreed that the various
rights, powers, options, elections, privileges and remedies of
the Lessor contained in this Lease shall be construed as cumula-
tive, and not one of them shall be construed as being exclusive
oP any rights or priorities by law.
f. It is ftirther covenanted and agreed by and between the
. parties hereto that the right to the Lessor in thi~ Lease to col-
lect the rent that may be due under the terms of this Lease by
any proceedings under the same, or the right to collect any addi-
, tional rent, money, or payments due urxier the terms of this Lease
by any proceedings under the same, or the r~ght given the Lessor
to enforce ar~r of the terms and provisions of this Lease, shall
not in any way affect the rights of the Lessor to declare this
, Lease void and the term hereby ended, as herein provided, when
default is made by the Lessee in any oP the terms and provisions
hereof.
g. It is flarther covenanted and agreed by ~ and between the
parties hereto that in the event of the termination of
this Lease
at any time before the expiration of the term oP years her~eby
created, for the breach by the Lessee of any of the .covenants
herein contained, then all of the right, estate and interest of
; the Lessee in arr3 under this Indenture arxi in the Demised Pre~- ,
E 1ses, and all additions and accessions thereto then situated on =
j the said Demised Premises, together with all rents, issues and ~
profits of said premises and the improvements thereon, whether
then accrued or to accrue, arid all insurance policies and all in-
surance monies paid or payable thereunder, and the then entire
undisbursed of art~y building escrow fund, ar.d the entire
undisbursed of ar~r then existing ~oint bank account which may
have been created under the ter~ hereof, and all of them, shall
at once pass to and become the property of the Lessor without any
compensation therefor unto the Lessee, not as a penalty for forfe i-
ture, but as liquidated damages to Lessor because of such nefault
by Lessee and the consequent cancellatior, of the Lease, eacn of
the parties acknowledging it to be the fact that ~'or breach and
consequent cancellation of a long-term lease of
this character
the ?.essor will sustain substantial damage of such character zs
to make it most burdensorae and ted~ous, if not actuaily ossi-
ble, to ascertain the amount thereof' Hrith rrathematical nrecision.
~ ~:,ach of the parties, therefor, have agreed upon this provision '
~ for liquidated damages in the interests of obviating what would
other~vise be bur3ensome and diPficult litigation to r:laintain or
to defend, as the case may be; and this provision for Iiquid ated
darr,ages has been taken into account oy both parties in f~ing
the terms of and the consideration for the :rakir~g of tt~.s Lease.
_17_ ~ sooK188 ~1813 -
LAW OF/IG[i Of GOLDiTLIN. FMNKLIN. CliONIN A SCHRANK. P. A.. 2020 NOR7MEAST 163~0 STREET, NORTM MIAMI DEACM. FLORIDA J,iG2
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