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including those not normally allowable in actions at law, such as but
not limited to copies of depoaitions, whether or not used at trial;
travel expenses for witnesses traveling from without St. Lucie County
for the purpose of testifying at trial or depositions; expert witness
~ fees for testifying at trial or deposition, together with such addi-
tional fees as the expert witnesa may charge the Lessor in connection
with his preparation for giving such testimor~y; and witness subpoenas
issued to insure the presence of witnesses at deposition or at trial
whether or not the witness shall actually appear ta be called upon to
testify. In the event of any dispute or litigation between the Lessor
and the Lessee in connection with any alledged breach or default upon
the part of the Lessee wherein the Lessor deems it advisable or neces-
sary L•o retain the services of an attorney, and which is settled priar
to a~udicial determination of the issues, or prior to litigation, by
the Lessee paying the monies demanded, or by the Lessee otherwise com-
plying with the demands of the Lessor as to the Lessee~s duties arxi
obligations under the terms of this Lease, the Lessor will be deemed
to have prevailed in such dispute or controversy, and to be entitled
to the recovery of his reasonable attorney's Pees incurred in connec-
tion therewith. -
27. Solvency of Lessee. If, during the terms of this Lease, (a)
the Lessee s a ma e an assignment for the benefit of creditors; or
(b) a voluntary or involuntary petition shall be filed by or against
the Lessee under ar~y law having for its purpose the ad~udication of
the Lessee as a bankrupt or the extension of the time of pa.yment, com-
position, ad~ustment, modiPication, settlement or satisfaction of the
liabilities of the Lessee or the reorganization of the Lessee; or (c)
a ermanent receiver be appointed for the property of the Lessee; or
(d~ any governmental authority shall take possession of the lands de-
scribed in the Declaration of Corxiominium of the Condominium, this. Lease,
at the option of the Lessor, shall be terminated and shall expire 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
I~essee shall then quit and surrerxier the Demised Premises to the Lessor
but the Lessee shall remain liabZe as hereinafter provided. If the I,ea-
see shall contest ar~y proceeding of an involuntary nature which would
be grounds or cause for termination of the Lease under this section,
and shall prosecute said dei'ense with due diligence, provided all other
covenants of the Lessee herein made are otherwise kept and performed,
and the right of termination in the Lessor under this section shall be
suspended until the ultimate determination of said matters by a Court
of competent 3urisdiction or until the Lessee shall abandon or fail to
take suitable action to preserve its righta to contest the proceedinga.
The Lessee shall every twenty (20 ) days -notify the Lessor of its con-
tinued intention to prosecute its defense, arxi f'urther, shall advise
the Lessor 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 terminate as above provided. If a
dePense shall be brought by the Lesaee ar~d time~y prosecuted and the
Lessee shall comply with the above provision with regard to notice and
inPormation to the Lessor, then the right oP the Lessor to tern~inate
by reason of the provisions of this section ahall be cor~trolled by the
outcome of such litigation, towit:
a. If such litigation be resolved in favor of the Lessee,
the Lessor shal~ have no right to terminate by reason of the
occurrence of the acts above listed.
b. If such litigation be resolved ag~ainst the Lessee, the
Lessor shall have the right to terminate as above provided, but
nothing herein shall be construed as relieving the Lessee o£ the
performance of any of its covenants herein which became perform-
able prior to the determination of the outcome oP such litigation
or the earlier abar~donment oP dePense by the Lesaee. ~
28. Entire Agreement. This instrument constitutes the entire
agreement e ween e par ies, a~nd neither party has been iryduced by
_ 19_ BOGK 1y5 PAGE~970
LAW OFFICEi OF GOLOSTEIN. fRANKLIN, CMONIN Q SCHRANK. P. A.. 2020 NORTHEAST 16~~0 STREET. N011TH MtAMI BEACN, FLORIDA 33162
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