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HomeMy WebLinkAbout1866 abandon or fail to take suitable action to preserve its rights to contest the proceedinga. The I.essee shall, every ten days, notify the Lessor of its continued intention to proaecute its defense and, further, advise the Lessor of the state of all litigation then pend- ing, and the failure of the Lessee to da so shall be deemed a termi- nation of the suspension of the Lessor's right to terminate as above provided. If a 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 ootcome~of such litigation. If such liti- gation be resolved in favor of the Lessee, the Lessor shall have no right to terminate by reason of the occurrence of the acts listed heretofore. If such litiqation be resolved agai~st the Lessee, the Lessor shall have the right to teraLinate~as herein provided, but nothing herein shall be construed as relieving the Lessee of the perfonaance of any of its covenants herein which became performable prior to the determination of the outcome of such litiqation or the earlier abandonment of defense by the Lessee. j ~ 42. EASEMENTS UPON THE PREMISES. The demised premises are F . ~ subject to such easements for public utilities as now appear of public . ~ ` record and Lessor shall have at a21 times the exclusi~e right to create ~ ~ upon or over such of the demised premises for any and a1.~ public utili- ties, ~easements from time to time as the Lessor in its discretion shall deem appropriate, free and clear of the provisions of this lease, pro- ~ vided only that such future easements shall be for the purpose, in ~ whole or in part, of supplying utilities to the demised premises, or ~ s draina e. ~ for the purpo e of g ~ 43. TIME OF THE ESSBNCE. Time is of the essence in every ~ ~ particular and especially where the obligation to pay money is involved. 44. WAIVER, EXTENSION AND INDULGE~TCES. No waiver, extension ~ or indulqence granted by the Lessor on any one occasion as to any breach « ~ „ - . . ~ -32- 1~~I.V~~1 ~ ~ r • ~ ~ . r _ e ~'~s'~ . f _ _ ..~~.,.~....~~r'~~'~'~~.~~.~~.e~~,~.~ _ ' ~"'~"F"~~ ~"~~'-r.7'