HomeMy WebLinkAbout1987 ~inandon or fail to take suitable action to preserve its riq:~ts to ~
contest the proceedinqs. The Lessee s:all, every ten days, notify
the Lessor of its continued intention to grosecute its defense and,
further, advise the Lessor of the sta~a of all litigation then pead-
ing, and t.he failure of tY~.e ~essee to do so shali be deemed a ter~,i-
nation of the suspension of the Lessor's right to terminate as above
- provided. If a defense shall be broLc:~t by tr'~e Lessee and timely
prosecuted and the Lessee s:.all co:~:ply ~~it~; the above provision
with regard to notice and information to ~he Lessor, t'rien the ricnt
~
of the L~ssor to terminate by reasor, o~-t:e provisions of this sectioa
snali be controlled by the o~~co:.:e oi sucz litigatio:~. If such liti- i
gation be resolved in favor oi t,'~e Lessee, the Lessor shal?~ have r.o
right to terminate by reason of the occurrence ef the acts listed
he~et~fore. If such litigation be re~olvec; against the Lessee, t::e
Lessor shall have the right to ~ernlir.ate as nerein provided, but
notning herein shall be cor.strueci a~ reiievir.g the Lessee of ti~e
perforz;~ance of any o~ i~s covenaats ; ere~n whic:~ becar.ie per~orr.;a~le
prior to the determination of z.h~ outco:.2e of such litigation or t;.e
earlier abandonment of deiense by z:1e Lessee. ;
;
; 42. EASEMENTS UPGN T::~ ~R:: ,S~S. The den?ised pre;nises are
~ . ~
E si::~ject to such ease.,tents for n;::.~ic utilities as now appear of p~lic '
~
~ record and Lessor shall have at all ti::es tne exclusive right to create
~ upon or over such of the demised premises for any a~d all public~utili-
ties, easements fror? tir;,e to ti::,e as t~e iessor in its discretion sia~l
deem appropriate, free ar.d clear of the ~rovisions of this lease, pro-
~ vided onZy that such future ease.;:er.ts s:zall be for the purpose, in
whole or in part, of supplying utilities to the demised premises, or
for the purpose of drainage.
~ ~
43. TIME OF TI~iE ESS:.:;C~. ;~:::e is cf t~e essence in every `
~
~ particular and especially w:^.ere the obligation to pay money is invo~ved.
44. ~ WAIVER, EXTE\SIO:v :~D I'~~L'LGEVCES. No waiver, extension
or indulgence granted by the Lessor on any one occasion as to any breach
~i8~ ,,~~9~
-32- .
h . , r - ~ r v-~~'~.
~ "Y v~.~
. ry.`_~~5~~~."SYr/~C~~, ~ I Il~~- - . .