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HomeMy WebLinkAbout0682 including those ~ot normally allowable in actiona at law, such ~s but not limited to copies of depoaitions, Nhether or not uaed at tria 1; ~ travel eapenaes for ~itnesaes traveling from Nithout St. Lucie County for the purpose of testifying at trial or deposit~on~; expert Nitness ; fees for testii'ying at trial or deposition, together with such addi- ~ tional fees as the expert witness may charge the Lessor in connection ~ with his preparation for giving such testinany; and witness subpoenas ~ issued to inaure the presence of witnesses at deposition or at trial ~ whether or not the witness ahall actually appear to 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 Nherein the Lessor deems it advisable or neces- ~ sary to retain the services of an attorney, and which is settled prior ~ to a~udicial determination of the issues, or prior to litigation, by ~ the Lessee paying the monies demanded, or by the Lessee otheraise com- plying with the demanda of the Lessor as to the Leasee's d~ties and obligations under the terms of this Lease, the Lessor Mill be deemed to have prevailed in such dispute or controversy, and to be entitled to the recovery of his reasonable attorney's fees incurred in connec- tion therewith. 2~. Solvency of Lessee. If, during the terms of this Lease, (s) 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 uryder an4r laM having for ita purpose the ad~udication of the Lessee as a bankrupt or the extension of the time of payment, com- poQition, ad~ustment, modification, settleme~t or satisfaction of the liabilities of the Lesaee or the reorganization of the Lessee; or (c) a permanent receiver be appointed for the property of the Lessee: or (d) any governmental authority sha13 take ~5ossession of the lands de- scribed in the Declaration of Condominium of the Condominium, this Leaee, at the option oP the Lessor, shall be termir~ted and ahall expire fully and completely as if the day of happening of such contingency coincided with the date specifically fixed as the expiration oi' the term hereof, the provisions relative to notice and grace notwithstanding, and the Lessee ahall then quit and surrender the Demised Premises to the Lessor ~ but the Lesaee shall remRin liable as hereinafter provided. If the Les- t ; see shall contest any proceeding of an involuntary nature Mhich would 1 be grounds or cause Por termination of the Lease under thia section, ; ~ and shall prosecute said defense 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 urrder this aecton shall be ; sus~pnded until the ultimate determination of said matters by a Court ' of competent ~urisdiction or until the Lessee shall abandon or fail to ~ take suitable action to preserve its rights to conteat the proceedings. ' The Lessee ahall every twenty (20 ) days notify the Lessor of its con- ~ tinued intention to prosecute its defense, arxi further, ahall advise ~ the Lessor of the state of all litigation then pending, and the fail- ~ ; ure of the Lesaee to do so shall be deen~ed a termination oP the sus- ~ pension of the Lessor's right to terminate as above provided. If a ~ ~ d efense shall be brought by the Lessee and timely proaecuted and the ~ ~ Lessee shall comply Nith the above proviaion Nith regard to notice arxi ~ information to the Lessor, then the right of the Lessor to ternd nate 5 ~ " by reason of the provisiona of this section shall be controlled by the : - oUtcome of such litigation, to-wit: ~ ~ a. If such litigation be resolved in favor of the Leasee, _ the Lessor shall have no right to terminate by reason of the occurrence of the acts above Tisted. ~ " b. Tf such litigation be resolved againat the Lessee, the Lessor shall have the right to terminate as above provided, bu t nothing herein shall be construed as relieving the Leaaee of the performance of any of ita covenants herein Nhich becaine perform- able prior to the determination of the outcome of such litigation : ~ri or the earlier abandonment of defense by the Leasee. ~ ?A, ~'ntire A reement. This instrument conatitutes the entire ; agreement ~e w~een e par ies, and naither party has been induced by i = the other by representations, promises or ur~derstandings not expresaed ~ herein, and there are no collateral agreementa, ~tipulationa, promises or understandin~s Nhatsoever in any way touching the sub~ect matter of ~ - this ~,greement which are not expressly contained herein. _ _ ~ooM 197 ~A~f 682 18 ' '_~aVti OFFt:.ES OF GCLOSTElN FRANKL~N. CF10NiN S SCHRANK. P. A. ~~20 ~:ORTNEAST ~E3e : SiF7EET. NORTH MIAMI 6EACH. FLOR~DA 3~162 ; ~ . . _ . _ . ~S _ . : . .