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to enforce any of the terms and provisiona of thia Leaae, ahall
not i„~?. y~ay affect the righta oP the Lessor to declare thia
Lease- v~d end the term hereby ended, as herei~ provided, when
default is made by the Lesaee in arqr of the terms ar~d proviaions
hereof.
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g. It ia further covenanted and agreed by and between the i
parties hereto that in the event oP the termination of this Lease ~
at any time before the expiration of the term of yeara he~eby ~
created, Por the breach by the Lessee of ai~r of the covenants ~
herein contained, th~n all of the right, estate and intereat of ~
the Lessee in and under-'thia lndenture and in the Demiaed Prem- ~
ises, and all additions and accesaions thereto then situated on f
the said Demised Premises, together xith all rents, iasues ani ~
profits of said premises and the improvements thereon, whether
then accrued or to accrue, and all insurance policies and all in-
surance moniea paid or payable thereunder, and the then entire
undisbursed balance of at~y building eacroN fund, and the entire ~
und3abursed balance of any then eaisting ~oint bank account which may ;
have been created under the terms hereof, and all of them, shall =
at once pass to ar~d become the property of the Less~r without any
compensation therefor unto th~ Lessee,--t~ot as a penalty for fort'ei-
ture, but as liquidated damages to Lessor because of such default
by I.essee and the consequent cancellation of the Lease, each oP
the parties aclmowledging it to be the fact that for breach arxi
conseQuent cancellation of a long=term lease of this character
the Lessor will sustain substantial damage of such character as
to make it moat burdensome and tedious, if not actually imp~ssi-
ble, to as~ertain the amount thereoP with mathematical precision.
Each of the parties, therefor, have agreed upon this provision ?
for liquidated damages in the interests of obviating what would ~
otherxise be burdensome and difficult Zitigation to maintain or
to defend, as the case may Ue; and this provision for liquid ated
da~es has been taken into account by both parties in fixir~g
the terms of and the consideration for the making of this Lease.
. h. The Lessee pledges aith and assigns unto the Lessor -
all of the rents, issues and profits which might otherxise ~
accrue to the Lessee for the use, en~oyment and operation of ~
the Demised Premises, and in connection with such pledging of
f such rents, the.Lessee covenants and agrees with the Lessor
~ that iP the Lessor, upon default of the Lesaee, electa to file
suit to enforce or cancel the Lease and perfect the Lessor's
rights hereunder, then the-Lessor may, as-ancillary-to such
suit, apply to ar~y court having ~urisdiction thereof for the
appointment oP a Receiver of all and singular the Demised Prem-
ises, and all additions and accessions thereto, and thereupon, ~
it is expressly covenanted and agreed that the Court-shall -
forthwith appoint a Receiver with the usual powers arxi dut~ea
of F.eceivers in like cases, and such appointment shall be made
by such Court as a matter of strict right to the Lesaor, and
r+ithout reference to the adequacy or inadequacy of -the value
of the property r+hich is sub~ect to the LAndlord's lien, or to
the solvency or insolvency oP the Lessee, and without rePerence _
to the coaunission of waste. - _
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26. Costs and Attorney's Fe~s.- In'~ny proceeding arising by f
reason of an a ege a ure o e Lessee to perform any of its du- ~
ties and obligations pursuant to the provisions hereof, or by reason ~
of an alleged breach of any of the ternis and/or coniitions or cove- ~
nants oP this Lease, or by reason of ar~r default in the payment of ar~r ~
monies, rentals or sums due or becoming due urder the terms ar~d provi- i
sions hereof, or by reason of any action bq the Lessor to require the ~
Lessee to comply.with its duties and obligationa hereunder, the Lessor ~
shall, in the event it $hall prevail in such action, be entitled to re-
cover its reasonable attorney's fees incurred, together Nith all costs,
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tAW OFFICCS OF GOLDSTEIN. FRANKLIN. CHOI~IN 3 SCHFtANK. P. A. 2020 NORTHEAST 163Rn STREET. NORTH MIAMI BEACH. FLORIDA 33162 [
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