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Home My WebLink About1731 ~ to enforce any of the r.errca and provisions of thts Lease, shall ~ not in any way affect the rights of the Lessor to declare this Lease void and the term hereby ended, as herein p~ovided, when default is made by the Lessee ;n ar~y cf ~~he terms arxi prc,v~sions he3±~e7f . • : ~ ~ g. It ie f'urther ccvananted and agreed by and betwe~n the ` parties herFto tn~t in the event of the termination of thi.s Lease ~ at ~ny time before the expiration of the term of years her~~by created, for the br•each by the I~essee of ar~r of the covanants herein contained, then all of tt.e riglit, estate arid interest of thc~ Lessee in and under this Indenture and in the Demis~d 2~`rem- ises, and all additions an3 accessions there to then situated on the said Demised Premises, toge~:her w ith all rents, ~ issues at~d ` profits of said premises and the im~+i~c~ve~r.~r,ts thereon, whetlpr then accrued or to accrue, and all insuran~P ~oli cies ~nd all in- ~ aurance monies paid or payable thereu:~der, arxl t~~e ichen entire ~ ~ undisbursed balan~e of any building escrcw furx~, and the ertire undi_sbursed balar.ce of any tliPn exi~ting ~oint bank accouat which m.~y have been created under the terrr~ hereof, aad all of them, shall at or?ce pass to arxi becone the prope~ty of the Lessor :vithout any compeasation therefor unto the Lessee, not as a pei~lty for forfei- tuz•e, but as liquidated damages to Lessor becat:sP of such default by I~e~see and the consequent cancellation ef the I,eaQe, each of the p~~rties ackn~~'ledging it to be tr~e fact that for breach and consequent cancellation of a_long-term l~ase of this ch;sracter the Lessor will sustain Qubstantial dar.~age of s~:ch chsracter ar~ to make it most burdensome and tedious, not a~^tu~lly impo:si- ble, to ascartain the amount thereof k•ith mat:~ematical pz~ecision. E~ch of the parties, therefor, have agreec~ ug,on this provision fo~ liquidat~d damages in the interests of obviating what would otherwise be burden3ome an~ 3ifficult litigation to ma~ntain or to defend, as the case may be; and this provision for li~uidated damages has been t~ken into account by both parties in fixing the ter:ns of and the considerati.on for the making of this Iea~e. h. The Lessee pledges with and'assigns unto the Lsssor all of the rents, issues and profYts which mignt otherwise accrue to the Lessee for the use, en~oytr.~nt and ope~tion o£ j the Demised Premises, and in connection with such pledaing of i such rents, the Lessee covenants a~d agre~s with tY:e ressor ; that t~ the Lessor, upon default of tne Lessee, elects to file _ ~ su~t to enforce or ~ancel the Lease and perfect tr.e Lessor's ' rightQ rereunder, then the Lessor may, as ancillary to s•ach suit, apply to any court having ~uri~diction thereof for the , appointment oi' a Receiver of all and singular the Demisec~ Prem- ~ ises, and all additions and accessions thereto, and th~ret~on,_ it is ex.pressly covenanted and agreed that the Cour~ sr.a21 forthwith appoint a Receiver with the usual powei~s and c~uties = of Feceivers in like cases, and auch appointment shall be inade by such Court as a matter of strict ri~ht to the Lessor, arra without reference to the adequacy or ir~dequacy of the value oP the property which is sub~ecY to t~e Land3.ord's lien, or to the ~olvency or insolvency of tt~e Lessee, and without reference to the eommission of waste. ~ 26. Costs and Attorney's Fees. In any proceeding arising by ~ reason of an a ege a ure o e Lc~ssee to perform any of its du- ~ ties and obligations pursuant to the ~rovisions hereof, or 3y reason oP an alleged breach of any of the terms and/or eonditions or cove- ~ nants of this Lease, or by reason of ar~y detault i_n the ~ayrrr~r:t of ~r~y monies, rentals or sums due or becoG.ir~g due under t~~e terms and provi - ~ sions hereof, or by reasor_ of any action by the Lessor to require thG Lessee to corrmly with its duties ard obligatlons hereund2r, the Lessor ~ shall, in the event it shall F: e ~a~ 1 in such action, be entitled to re- ~ cover its reasonable attorney's fees inc•ar•red, together with all costs, - i8- eoo~ 1y5 ~1729 L~W OFFICES O~ ~ J~OSTE~Y, i"RANKL~?v, CH0111N Q SCHHANN, P. A, .^020 NORTUEAET 1G3~ c~ 57REET. IGY"Y MIAti+I BfACN. ~'LORIDA 33102 - . . _ . . . ~ - - - ~ _ti _ _