HomeMy WebLinkAbout0927 if not actually impossible, to ascertain with mathematical precision,
and each of the parties, therefor, having agreed upon this provision
for liquidated damages in the interests of obviating what would other-
wise be burdensome and difficult litigation to maintain or to defend,
as the case may be; and ~his provision for liquidated damages has been
taken into account by both parties in fixing the terms of and the con-
sideration for Lhe making of this I.ease.
I. The Lessee pledges with and assigns unto Lessor, subject
to the Lessor's undertaking to join in mortgages provided for herein,
all of the rents, issues and profits which might otherwise accrue to
the Lessee, for the use, enjoyment and operation of *,he demised premises,
and in connpction with such pledging of the rents, the Lessee covenants
and agrees wi~h the Lessor that if the Lessor, upon the default of the
Lessee, elects to file a suit to enforce or cancel the Lease and pro-
tect the Lessor's rights thereunder, then the Lessor may, as ancillary
to such suit , apply to any court having juris~iction thereof for the
appointment of a Receiver of all and singular the demised premises, the
improvements and buildings located thereon, and the furniture, furnish-
ings, fixture s and equipment contained ~herein; and thereupon it is
expressly covenanted and agreed that the court shall forthwitn appoint
a Receiver with the usual powers and duties of Receivers in like cases,
and such appointment shall be made by such caurt as a matter of ~trict
right to the Lessor and without reference to the adequacy or inadequacy
of the va~ue of the property which is subject to the landlord's lien or
to the solvency or insolvency of the Lessee and without reference to
the comr.iission of waste .
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LESSEE'S DUTY TO KEEP PRF~iISES IN GOOD REPAIR
The Lessee covenants and agrees with the T~essor that dtiring
the continuance of this Lease, the Lessee will keep in good state of ~
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repair and ir. first class condition any ar.d all buildings constructed t
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and all furnishings brought or placed upon the demised premises; now
will the Lessee suffer or permit any strip, waste or neglect of any
building or personal property ta be committed; ar.d the Lessee will re-
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