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HomeMy WebLinkAbout1732 including those not norrnally allowable in actions at law, such as but ~ not lim~ted to c~pies of depositions, whether or not used at tri~l; travel expenses for witnesses traveling fro~~ r~ithout St. LuciE County Por thP purpose of testifying at ti•ial or depositions; expert witness ; tee~ for testi~ ying at trial or depos~ tion, together with such 3ddi- tional fees as the expert witneQs may charge the Lessor in conr:Qction ~ with his prepRration for givin~ such testim:,r~y; and witness sub~.~oenas = issued ~o i~is~~re the presence of witnesses at deposition or at t r~ial ; rvhether or no~c the witne~~s shall actually appear to be called u~on to ' testify. In the event of any d~spute or litigation between tY~e Lessor ~ and the Lessee in connection wi~Y: any allf:dged breach or def~ult ~~pon ~ the part of the Lessee wherein the Lessor deems it advisable or :iaces- sary to retain the services o£ an attornes, and which is .settled prior to a Judicial d etermination of the issues, ~~r prior to litigation, by the Lessee paying the monies demar~ded, or by the Le~see otherwise com- plying witr, the demands of the Le~sor, as t~ ~.he ;.~essee t s 3uLies and obligations under the terms of this Lease, i:he Lessor will be de~med to have prevail~d in such dispu~ce o-r controversy, ar.~ci to be entitled to the recovery of his reasonable ~Ltorney's fees in~urr~d in connec- tion therewi th. - . 27. Solvency of Lessee. II', dirring the terms ~f this Lease, !a) the Lesse~; s a ma e an assigr.ment for the benefit o~ creditors; or (b) a voluntary or inv~l:intary petition sh~~lt be filed by or against the Lessee under arqr larr having for it~ pu:poce tha ad~udicaYion of L-he Le~see ss a bankrupt or thc pxtensi~n of the ~ime of pa;?ment, co:n- position, ad~ustment, modification, settlemeiit or satisf~ction of ~•he liabilities of the Lessee or the reorganiza`.•ioii of the Lessee; or (c ) a ern~anent receiver be ap~ointed for the pi~ope~•ty of the Lessee; or (d~ any governmental authority.shall ta~e possession of the iands ae- scribed in the Declaraticn of Cor~dominium of the Condomir_ium, this Lease, at the option of the Lessor, s~all be termi~a~ed and shall expir~ fully and completely as if the day o~ happening o~ su~h contingency ~cincided with the date specifical~y fixed as the expiration oi' the tcrm here~f, the provisior~5 relative to notice and grace notwi~hstan3ing, and the Lessee shall then quit and surrender the Demi.sed Pre~r.ises to the Lesso: but the Lessee shall remain liable as hereinaff,Pr provided. If the Les- see shall contest ar~ proceedi:~g of an involun::ary nature which wouid be grounds or cause for termination of the Leas~ under this ~action, and shall prosecutE said defense with due dili gence, providad all other covenants of the Lessee herein made are otherwise kept and uerformed, ~ and the right of termination in the Lessor und er this section sh~ll b~ ~ suspended until the ultimate determination of said matters by R Court of cor..i»tant ~urisdiction or until the Les~ee shall abandon or fail to ~ take ssitable action to preserve its ri~hts ~o contest the prac°edings. '!'he Lessee shall every twenty (20 ) days notif y the Lessor of its con- tinued intent~on to prose~ute its defense, and further, sY:all 2.dvise the Lessor of the state of all litigation ~hen pending, ar_-1 t:te f~il- ure of the IPSSee to do so shall be deeme3 a termination of ;:he ~us- pension of the Lessor's right to terminate as above provided. If a defer_se shall be brought by the Lessee zn~i tin~ely p: osecuted and the 7essee sh~ll comply with the above provisio~ with regard to notice and information to the Lessor, then•the right of the Leasor to terr.iinat~e ~ by rea~on ef the provisions of this section shall be c~~ntrolled by the ~ outcome of such litigation, towit: ~ a. If such litigation be resolved in favor o~' th~ ;,es~ee, ~ ' the Lessor shall have no right to terminate by reason of ~he ~ occ~_ir:ence of the acts above listed. ; ~ b. If s~ach litigation be r~ssolved ag,ainst tt.e Lessee, the ~ Lessor sh~?11 have the right to termit,ate as above provided, but ~ ncthing hfrein shall be construed as rel.ieving tYie Lessee of the f ~ perforrran~e of any of its ceven~nts Y~er~ein which became peri'orm- ~ ~ able prior tc the determin :t{on of the outcome of such litigation ~ or the earl~er abandonment of da~'en~e L~ the L; ssee. ~ ~ 28. Er.tire Agreement. This instru?~ent c~nstitutes the entire ~ agreement e ~ween c e par ies, and .,sitrer par :;y has be~n i nduced by SnoK~y5 ~~f1730 ' ~ -19- ~ ~ ~-!.W OFr ICE~• OF f^~L'S:E1:~. F12/1NKl IN, CHONIN A SCHRANK. F. A.. ?G_C~ NO:iTNEAST 163N0 STRE.FT. NORli1 :A~AMI B~ACH. FLORIDA 33!G2 - - - - : ~s ,:~.'~a~ . s::; ; ~ .