HomeMy WebLinkAbout1818 covenants of the Lessee herein made are otherwise kept and perfor~~d, `
and the ri~ht of termination in the Le3~or under this section shall be
suspended until the ultimate determination oP sald rr,~tLcr~ by a Court
of comuctcnt ~uriscllction or until tihe Lc~uee st~zll abur?clon or i'aJ.l to
take sultablc ~ction to preserve it~ ri~ht3 to cont;e~t the proceedinLs.
The Lessee shall every twcnty (20) days notify the Lessor oi' Its con-
tinued- lntention to prosecute its defense, and i'urther, shall advi ~c ~
the Lessor of the state of all liti~ation then pendin~, and the fail-
ure of' tY~e Lessee to do so shall be deemed a termination of the sus- ~
pension of the Le~sor~s right to terminate as above pravided. IF a t
defense shall be brought by the Lessee and timely prosecuted and the ~
Lessee shall comply with the above provision with regard to notice and
information to the Lessor, then the right of the Lessor to terminate
by reason of the provisions of this section shall be controlled by the
outcome of such litigation, towit:
a. If such litigation be resolved in favor of the I.essee,
the Lessor shall have no right to teFminate by reason of the
occurrence of the acts above listed. .
b. If such litigation be resolved against the Lessee, the
Lessor shall have the right to terminate as above provided, but .
nothing herein shall be construed as relieving the Lessee of the ~
performance of ar~y of its covenants~ herein which becam.s perforr~
. able prior to the determination of the outcome of such litigation
or the earlier abandonment of defense by the Lessee. -
. . 28. .~tire Agreement. This instrument constitutes the entire .
agreement e wzen e par ies, and neither party has been inducea by
the other by representations, promises or understandings not expressed
herein, and there are no collateral~agreements, stipulations, promises
or understandings whatsoever in any way touching the sub~ect matter of
this Agreement which are not expressl,y contained herein. _
29. Notice. Whenever, under the terms oF this Lease agreement,
rePerence'~s
maae to the giving of notice by one of the parties hereto
to the other, or whenever either of the parties shall desire to give
~ notiee of ar~y matter to the other, such notice shall be given and shall
be deemed sufficient when given by written instrument sent by regis-
tered or certiFied mail, return receipt requested, addressed to the ap- t
; propriate party, with postage prepaid. For the purposes of this para-
graph and this Lease, the addresses of the parties nereto are as fol-
~ lows:
I;~SSG~: -
LESSEE: 1323 Bayshare Drive, Fort Pierce, Florida
Either party r~ay char~e the .address f'or giving of notice hereunder by
giving notice of such change to the o~ther party in the manner above pro-
vided.
30. ~ons~ruction. ihis Lease shall be construed and internreted
in accordar.ce w .e laws of the State of Florida.
31. Severability. The invalidity in whole or i~1 part of any cov-
. enant, prom se or u_ ertzk~.r~ or any section, sub-section, sentence,
clause, phrase or word, or of any s2ction, sub-section, sentenc~, clause,
phrase or word, or of any provision of this Lease, shall not affect the
validity of the remaining portions thereo£.
~
32. Cap~ions ar.d ritles. The cautions arxi titles containe3 in i
this Lease are or conven ences and reference only an~ in n~ way shall
serve to li:nit or describe the scoFe or intent oF this Lease or ar~r uart
hereof. "
33• Terminatio n oF Condomir.iurn. A voluntary or involuntary ter-
mination o r.e Lessee, or o ne ndominium created by virtue of the
Declaration o~ Condominium, shall nat ~erminate this Lease. In the
event of a voluntary or invo~luntary termination of the Lessee, wherein
the Condominium is not likewise termina~ed, the successor association
~ -15- -~188~i815
LAW ORPIC[f 0I GOLQbT[IN. FRANKLIN. CMONIN 6 sCHRANK, P. A.. 20Y0 IiORTHEAtT 163RO STREET, NORTM MIAMI BEACM, FLORIDA 33:62
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