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HomeMy WebLinkAbout0680 Default Clause. ~ a. It is further covenanted and agreed by and betNeen the ; parties hereto that in case, at any time, default shall be ma3e 3 by the Lessee in the payment of ar~y of the rent herein provided for upon the day the same becomea due and payable, or in case oP default in relation to liens, as hereinabove provided for, or if the Lesaee shall fail to pay any oi' tha tau~ea or asaesements here- in provided for, or in caee of the sale or forfeiture of the De- mised Precnisea or any part thereof during the term hereof for non-payment of any ta~c or assessment, or in case the Lessee ahall fail to keep inaured any building or improvementa which meiy at any time hereafter ba upan the said premisea, as herein provided ~ for, or Qhall fail to expend insurance money, as herein provided for, or if the Lessee ahall fail to perform any of the Govenants of this Lease by it to be kept and performed, then, and in any such event, it shall and may be laNful for the Lesaor, at its election, to declare the demised term ended., and to re-enter upon said premisea and building and improvements situated thereon, or any part thereof, either Nith or without procesa of law, the said Lessee hereby waiving any demarxi for poasession of said premises and any and all buildings and imprnvementa then situated thereon; or, the Lessor may have such other remedies as the lar? and this instrument afford. The Lessee covenants and agrees that upon the termination of the demised term at such election, or in ar~y other way, the Lesaee will surrender and deliver up the Demised Preffises peaceably to the Lessor, its agents or attorneys, immediately; ar~d if the Lessee, its agents, attorneys or tenants shall hold the said ~r~amises, or any part thereof, one (1) day after the same shouLd be surrendered according to the terms of this Lease, it ahall be ; deemed guilty of forcible detainer of said premises under the stat- ute and shall be sub~ect to eviction or removal, forcibly or other- wise, with or Nithout due process of laM. ~ ~ b. Though this be a Ninety-Nine Year Lease, the parties un- ~ derstand sr~ ag:ee ~ha~ the re2ationship between them is that of Landlord and `I'enant, and the Lessee specifically acknorrledges that ~ all statutory proceedings in the State of Florida regulating the ~ ~ relationship of Landlord and Tenant respecting collection oP rent j ~ or possession of the premises accrues to the Lessor hereunder. ~ ~ c. hothing herein contained ahall be conatrued as author- s izing the Lessor to declare this Lease in default where the de- ~ fault consists in the non-payment of rent or ta~cea, or payments ~ on Lessee created mortgages on Lessee's interest in the Demised a Premises, until such non-paymant shall in violation oP the terms of this Lease have continued for fifteen (15) days after rrritten ~ notice of such default shall have been given by the Lesaor to the Lessee; and where the alleged default conaista of some violation other than the foregoing, the Lessor may not declare this Lease ~ in default until such violation shall have continued for thirty ~ (~0 ) days after the Lessor shall have given the Lessee rrritten notice of such violation, and the Lessee shall not have ur~der- " taken, during said thirty day period, to cure ~aid violation by - vigorous and affirmative action; provided, hor+ever, that nothing - herein contained shall be conatrued as precluding the Leaaor from having such remedy as may become necessary in order to pre- = serve the Lesaor's ri~hts and the interest of the Leasor in the _ premises and in this Lease, even before the expiration of the ~ grace or notice periods provided for in this paragraph if, un- der particular circumatances then existing, the a1loMance of such grace perial or the giving of such notice would preJudice ~ ~ or endanger the righta and eatate of the Lesaor in thia Lease and in the Demised Premises. ~ _ d. All default and grace periode shall be deemed to run concurre:^*3; ~.^.d not consecutively. e. It la mutually covenanted and agreed that the varioua = rights, prnvers, options, elections, privileges and remediea of the Lessor contained in this Lease shall be construed as cumuls- tive, end not one of them shaZ2 be conatrued as being excluaive ' of any rights or priorities by laK. ~ B4CX ~9~ Pa~,f j -15- ~ i_AW OFFICES OF GOL657EIN. FRANKLW. CHQh!N Q SCMRANK. P. A. 2G20 NORTHEAST 163aC STREET. NORTH MIAMI BEACH. FLORIDA 33162 - - - ~ s~~: