Loading...
HomeMy WebLinkAbout1817 ~ • . ' h. The~Lessee pled~es with and assiens unto the Le~~or ; all of the rents, issues arid profits which mi~ht otherrrise ~ accrue to the Lessee for the use, en~oyrnent anci oper~ti.on of ~ the Demised Premises, and in connection witY, such ple~gin~ of sueh rents, the Lessee covenanL-s and a~rees with the Les~or that 11' the Lessor, upon default of ~h~ I.essee, elects to fi le suit to enf'orce or cancel the I.ease and perfec~ ~he Le~~or~s ri~hts hereunder,~then the I,essor may, as ancillary to such suit, apply to arLy court havin~ ~urisdiction thereof f'or the appointment of a Receiver of all and sin~ular the Demised Prem- ises, and all additions and accessions there~o, and the reupon, ' it is expressly covenanted and agreed that the .Court shall E . forthwith appoint a Receiver with the usual powers and duties of Receivers in like cases, and such appointment shall be made by such Court as a matter of str3 ct right to the Lessor, arxi ~ without reference to the adequacy or inadequacy of the val~ie of the property which is sub~ect to the Landlord~s lien, or to the solvency or insolvency of the Lessee, and without eference to the commission of waste. 26. Costs and Attorneyts Fees. In any proceeding arising by . reason ofl an a ege a ure o e Lessee to perform ar~y of its du- ties and obligations pursuant to the provisions hereof, or by reason oP an alledged breach of any of the terms and/or conditions or cove- riants of this Lease, or by reason of any default in the payment of ar~y monies, rentals or sums due or becomirig due under the terms and provi- , sions hereof, or by reason of any action by the Lessor to require the Lessee to comp~y with its duties and obligations hereunder, the Lessor shall, in the event it shall prevail in such action, b~ entitled to re- cover its reasonable attorney's fees incurred, together with all costs, ~ including those not normally allowable in actions a~ 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 witness fees for testifying at trial or deposition, together with such addi- tional fee~ as the expert witness may charge the Lessor in connection - with his preparatioti 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 to be called upon t~ testify. In the event of ar~y dispute or litigation between the Lessor and the Lessee in connection with any a~ledged breach or default upon the part of the Lessee wherein the Lessor deems it advisable or neces- ~ sary to retain the services of an attorney, and which is settled prior f ~ to a~udicial determi~nation of the issues, or prior to litigation, by the Lessee paying the monies demanded, or by the Lessee otherwise com- plying with the deeriands of the Lessor as to the Lessee's duties and obligations under the terms of this I~ase, 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 incurred in connec- tion therewith. ~ 27. Solvency of Lessee. If, during the terms of this Lease, (a) the Lessee s ma an assignment for the benefit of credi~ors; or (b } a voluntary or involuntary petition shall be filed by or a~ains t the Les~ee under an~y law having for its purpose the ad~udication of the Lessee as a banl~upt or• the extension of the ti:ne of paym.Pr_~, com- position, ad~ustment, modification, settlement or satisfac~ion of the liabilities of the Lessee or the reorganization of the iessee; or (c) a ~err~anent receiver be appointed for the property of the Les~ea; or (d} any governmental authority shall take possession of the lands ~e- ~ ~ scribed in tne Deciaration of Cor~dominium of the Condo:nir~u.^~, ~his ~ease, • at ~he option of the Lessor, sha12 be terminated an3 shali expire ~ fully and co le ~ely as if the day of happening of sucn continGency coincided with the date specif ically fixed as the e~cpiration of the term r.ereof, the provisions ~rel.ative to notice and grace notvritnstar~3in~, znd the Lessee shall then quit and surrender the ~emised Premises to t:^.e iessor 3ut the L~ssee shall remain liable as hereinaf ~er provided. the Les- see shall contest any proceeding of an involuntary na ~ure which k*culd be grounds or cause ~`or termination of the Lease under this secti,on, and shall prosecute said defense with due diligence, provided all otner . -lg- `~i88 ~i8i4 LAW OIF.IG[i O' GOLDiTE1N, FRANIU.IN. CMONIN • SGHRANK, P. A., 2010 PlORTHEAiT 163ND fiTREET. NORTM MIAYI BEAGH, FLORiDA 3]1C2 Y - - ' _ . ' a~