HomeMy WebLinkAbout1532 including those not normally alloNable in actions at law, auch as but
not limited to copies of depositiona, Mhether or not used at triaZ;
travsl expenses for Mitnesse~ traveling Prom without St. Lucie County
for the purpoae oP testifyir~g at trial or depoaitiona; e~cpert Mitnesa
fees for testifying at trial or deposition, togather with such addi-
tional fees as the e~cpert Mitness may charge the Lesaor in connectian }
with his preparatio~ Por giving such testimor~y; ~:xi Nitnesa subpoena8 ~
issued to insure the preaence of Nitnesses at deposition or at trial
Nhether or not the Mitnesa shall actually appear to be called upon to ?
teatify. In the ev~ent of any dispute or litigation betaeen the Lessor ;
and the Lessee in connection w2th any alledged breach or dei'ault upon
the part of the Lessee wherein the Lessor deems it advisable or necea- :
sary to retain the services of an attorney, and xhich is sett,led prior ;
to a~udicial determfnation of the isauea, or prior to litigation, by :
the I~essee paqing the monies demanded, or by the Lessee othe~ise com- '
plying with the demands of the Lessor as to the Lessee's dutfes and
obligations under the terms of this Lease, the Lesaor will be deemed
to have prevailed in such di~pute or controversy, and to be entitled
to the recovery of his reasonable attorney's Pees incurred in connec-
tion therewith. ;
27. Solver,cy of Lessee. If, duririg the terms of this Lease, (aj
the Lessee- sTIl ma e an assignment for the ~enefit of creditors; or
(b} a voluntary or involuntary petition ahall be Piled by or against
the Lessee under ar~p~ law having For its purpose the ad~udication of '
.the Lessee as a bankrupt or the extension of the time of payment, com-
posit3on, ad~ustment, modification, settlement or satisfaction of the
liabilities of the Lessee or tne reorgani2ation of the Lessee; or (c)
a permanent receiver be appointed for the property of the Lessee; or
(d) any government.al authority shall take possession of the lands de-
scribed in the Declaration of Cor~dominium of the Condominiwa, this Lease,
at the option of the Lessor, shall be terminated and shall e~cpire fully ~
and completely as if the day of happening of such contingency coincided
with the date specifically fixed as the expiration of the term hereof,
the provisions relative to notice and grace notwithstanding, and the
Lessee shall then quit and surrender the Demised Premises to the Lessor
but the Lessee ahall remain liable as hereinaPter provid~d. IP the Les-
see shall contest ar~ proceeding oP an involuntary nature which would
be grounds or cause for termination of the Lease under this section,
and shall prosecute said defense ~rith due dilig~nce, provided all other
co~eRa~.ts of the Lessee herein made are otherwise kept and perPormed, ~
and the ri~~t oP term3nation in the Lessor under this section shall be :
suspended unti3 the ultimate determination oP said matters by a Court ~
of competent ~uriadiction or until ~he Lessee shall abandon or Pail to
take suitable action to preserve its rights to contest the groceedings.
The Lessee shall every twenty (20 days notify the Lessor of its con-
tinued intention to prosecute its defense, ar~d Purther, shall advise
the I,essor of the state of all litigation then pending, and the fail-
ure of the Lessee to do so shall be deemed a termination of the sus-
pension of the Lessor's right to termina~e as above pr~ov#ded. If a ;
defense shall be br~ought by the Lessee and timely proaecuted and the
Lessee shall comply with the above provision xith rega~d to notiee ar~d
3nformation to the Leasor, then the right oP the Lessor to terroinate
by reason of the provisiona of this section shall be controlled by the
outcome of such litigation, towit: .
~
a. ~f such litigation be resolved in favor of the Lessee, ;
the Lessor shall have no right to terminate by reason of the ~
occurrence of the acts above listed. ~
, r
b. IP such litigation be resolved against the Lessee, the
Lessor shall have the rlght to terminate as above provided, but
nothing herein ahall be construed aa relieving the Lessee of the
perPormance oP any of its covenants herein Nhich became perform-
able prior to the determination of the outcome oP such litigation
or the earlier abar~donment of defense by the Lessee. ;
28. Entire llgreement. This inatrument constitutes the entire
agreement 1ie~een e par ies, and neither party has been. induced by
:
s
-19- BoeK ~.93 15~Q
LAW OFFICES OF GOLDSTEtN. FRANKLfN, CHONIN Q SCHRANK. P. A.. 2020 NORTHEAST i63no STREET, NqRT!" MfAMI BEACN. FLORIDA 33i82