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Home My WebLink About1912 • ( in def'ault until sucli violat3or, shall nave cont~nucd i'or L~~rty ± (30) days af~er Lhe I~essor shall have ~iven the Les:.ce v~ritten t not3ce of such violat3on, ancl the Lessee shall not have un~:er- ` taken, durin~ s~3d thirty day perlod, to cure 3aid violation tJ vi~orous and affirmative action; provided, however, tha~ r.othin~ . herein contained shall be construed as precludir~ the Le~~or from havin~ such rerr~edy as r~ay becorrz~ nQCessary in orc~er to pre- serve the Lessor's riuhts and the interes~ of ~he I.essor in the premises and in this I,ease, even befbre the expiration ot the grace or notice periods provided for in this par~raph if, un- der particular circumstances then existing, the allowance of ~ such grace period or tihe giving of such notice would pre~udice f or endat~er the rights and estate of the Lessor 1n this Lease j and in the Demised Premises. I d. All default and grace per3,ods shall be deemed to run ~ concurrently and not consecutive~y. e. It is mutually covenanted and agreed that the various rights, powers, op~ions, elections, privileges and remedies o~ the Lessor contained in this Lease shall be cons trued as cumula- tive, and not one of them shall be construed as being exclusive oF any rights or priorities by law. It is ftiirther covenanted and agreed by and betwzen the ~ parties hereto that the right to the Lessor in this Lease to col- lect the ren~ that may be due under the terms of this Lease by any proceedin~s under the same, or the right to coliec~ any addi- , tional rent, r~oney, or paymrnts due under the terms of ~his %ease by any proceedir~s under the same, or the r~ht given ~he Lessor , to enforce any of the terms and provisions-oF this Lease, shall not in any way affect the ri~hts of the I.essor to declare '~his , . Lease void arX1 the term hereby ended, as herein provided, when default is made by the Lessee in any of the terms and provisions he~eof. ~ g. It is flirther covenanted and agreeci by and between the parties hereto that in the event of the termination of thi~ Lease ~ at any time before the expiration of the term of years he~eby ! created, for the breach by the Lessee of any of the~ covenants ; herein contained, then all of the ri~ht, estate and interest of ~ the Lessee in and under- this Inden~ure ar~d in the Demised Prer,:- ~ ises, and all additions and accessions thereto then situated on ~ ~ the said Demised Premises, together with all rents, issuas and profits of said premises and the imurovements thereon, whether then acczued or to accrue, and all insurance po3.i.cies and all in- surance monies paid or payable thereunder, and the ~hen entire undisbursed .of any building escrow f'und, ar.c the entire - ur.disbursed of ar~y then existing ~oint ban~c account which _may have been created under the terms hereof , and alI oF the~;,, shall ~ zt once pass to and become the property of the Lessor without any compensation therefor unto the Lessee, not as a penal~y for for~ei- ture, but as liquidated damages to I,essor because o~ such cefault ~ by Lessee ar~ the consea,uent c:~ncellatior, of tha Lease, e~~n cf the parties sckn~wledging it ~o be tY:e fact that ~'or breach and conseeuent cancellation of a long-term lease of this cha.ac~er the Lessor will sustain substan~ial dama~;e of such character as ~ to ma~ce it most burdensorsa ar~d tedious, if not sC~ualiy i:;,?ossi- ble, ~o ascertain ~he a;noun~ tYiereof taith mather,~ati cal prec~ sion. part~e.., therefor, have agreed unon this ~~ovisicn :zch of ~ne ~ ~ " ~ ~ or 3.iquidated daraages in the in~erests of obviating t,r:~a ~;ti•ould ~ ~ othertiti?ise be bur3ensome ar.d diPficul~ litioation to rain~a~n o~ - to de~end, as tr.e case r~~ay be; ar,~ this provision for liquinated daRages has been taken into accour.t by both varties in fi.xin~ the ~erms of and the consideration for tr.e maid:~g of ~his Lease. _ ~ aooK18$ PacE19O9 ~ - . -17- LAW O'fICQi O' GOLDSTEIN, FRANK6IN.CHONIN A sGMRANK, P.A.. 2020 NORTHGS7 1G3n0 STREET. NOR7H MIAI.t1 DCACH, F~OFIDA 3~SG= ~ ~r - J - - 's~,A,~'r ' ~_.a-~~#~-..~-~~ 'Y" -+c~c,~' - " `~~x~= _ - ~ -