HomeMy WebLinkAbout2971 to enforce any of the terms and provisions of this Lease, shall
not in any way affect the rights of the Lessor to declare this
Lease void and the term hereby ended, as herein provided, when
~ default is made by the Lessee in arqr of the terms and provisione
hereof.
g. It is fur~ther covenanted and agreed by and between the
parties hereto that in the event of the termination of this Lesae
at any time before the expiration of the term of y~ears hereby
created, for the breach by the I,essee of arqr of the covenants
herein contained, then all of the right, estate and interest of
the Lessee in and under this Indenture and in the Demised Prem-
ises, and all additions and accessions there to then situated on
the said Demised Premises, together with all rents, issues ani
profits of said premises and the improvements thereon, whether
then accrued or to accrue, and all insurance policies and all in-
surance monies'•~paid or payable thereunder, and the then entire
~ undisbursed balance of ar~y building escrow fund, and the entire
undisbursed balance of any then existing ~oint bank account which may
have been created under the tern~s hereof, and all of them, shall
at'once pass to ar~d become the property of the Lessor without any
compensation therefor unto the Lessee, not as a penalty for forfei-
ture, but as liquidated damages to Lessor because of such default
by Lessee and the consequent cancellation of the Lease, each of
the parties acknowledging it to be the fact that for breach ar~d
consequent cancellation of a long-term lease of thia character
the Lessor will sustain substantial damage of such character as
to make it most burdensome and tedious, if not actually impossi-
ble, to ascertain the amount thereof with mathematical precision.
Each of the parties, therefor, have agreed upon this provision
- for liquidated damages in the interests of obviating what would
otherwise be burdensome and difficult litigation to maintain or
to defend, as the case may be; and this provision for liquid ated -
damages has been taken into account by both parties in Fi~cing
the terms of and the consideration for the making of this I.ease.
h. The Lessee pledges with and assigns unto the Lessor
; all of the rents, issues and profits which might otherwise
i accrue to the Lessee for the use, en~oyment and operation of
the Demised Premises, and in connection with such pledging of
such rents, the Lessee covenants and agrees with the Lessor
that if the Lessor, upon default of the Lessee, elects 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 any court having Jurisdiction thereof for the
appointment of 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 and duties
of F.eceivers in like cases, and such _appointment shall be made
by such Court as a matter of strict right to the Lessor, ar~d
without reference to the adequacy or inadequacy of the value
- of the property which is sub~ect to the Landlord's lien, or to
the solvency or insolvency of the Lessee, and without reference
to the commission of waste. ~
26. Costs and Attorney's Fees. In any proceeding arising by
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 re ason
of an alleged breach oP any of the terms and/or conditions or cove- ?
nants of this Lease, or by reason of ar~y dePault in the payment of ar~r :
monies, rentals or sums due or becoming due ur~der the terms and provi- ~
sions hereo£, or by reason of ar~y action by the Lessor to require the ~
Lessee to comply with its duties and obligations hereunder, the Lessor ~
shall, in the event it shall prevail in such action, be entitled to re- f
cover its reasonable attorney's Peea incurred, together with all coata, j
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LAW OFF~CES OF GOLDSTEIN. FRANKLIN, GHONIN e SCHRANK, P. A.. 2020 NONTMEAST IO~~o STREET, NORTM MIAMI lEACH. FLORIDA 33102 S
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