HomeMy WebLinkAbout0053 f. It is further covenanted ar~d agreed by and between the ~
parties hereto that the right to the Lessor in this Lease to col- ~
lect the rent that may be due under the terr~ of this Lease by
any proceedings under the same, or the right to collect ar~y addi-
tional rent, money, or payments due under the terms of this Lease
by any proceedings under the same, or the right given the Lessor
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 voici anci tne term hereby ~nd~a, as herein pir~i~iitie~i, vth~n
default is made by the Lessee in ar~y of the terms and provisions
hereof.
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g. It is further covenanted and agreed by arxi betwee~ the ;
parties hereto that in the event of the termination of this Lease
at any time before the eapiration of the term of years he reby
created, for the breach by the Lessee of any of the covenants
herein contained, then all of the right, estate and interest of
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the Lessee in and under this Indenture and in the Demised Prem- F
ises, and all additions and accessiona thereto then situated~on ~
- L~te- said Demised Premises, together with all rents, issues and '
profits of
said premises and the improvements thereon, whether
then~accrued or to acerue, and all insurance policies and all in-
surance moni~~ paid oi~ pay~~iic th~ret~r~der, ~3 tY,e then entira
undisbursed balance o~ any building escrow fund, and the entire
undisbursed balance of any then eaisting ~oint bank account which may
have been created under the terms hereof, and all of them, shall
at once pass to and become the progerty 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 aclmowledging it to be the fact that for breach and
consequent cancellation of a long-term lease of this character ~
the Lessor will sustain substantial d acnage of such character as '
to make it most burdensome and tedious, if not actually impossi- ~
ble, to ascertain the amount thereof with mathematieal 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 liquidated
; damages has been taken into account by both parties in fixing
' the terms of and the consideration for the making of this Lease.
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h. The Lessee pledges with and assigns unto the Lessor `
~ all of the rents, issues and profits which might otherwise
= 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 s
~ 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 ~urisdiction 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 Receivers in like cases, af~ti such appointment shall be made {
=3 by such Court as a matter of strict right to the Lessor, and
~ 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 so2vency or insolvency of•the Lessee, and without reference
" to the com~~iission of waste.
- 26. Costs and Attorne ~s Fees. In any proceeding ariaing 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 reason ~
- of an alleged breach of any of the terms and/or conditions or cove- ~
- ~ nants of this Lease, or by reason of any default in the payment of any ~
- monies, rentals or sums due or becoming due under the ter~ arxi provi- ;
- sions hereof, or by reason of any action by the Lessor to require the
Lessee to comply with its duties and obligations hereur~der, the Lessor
- shall, in the event it sh311 prevail in such action, be entitled to re-
cover its reasonable attorney's fees incurred, together with all costs,
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_ 1~_ Bo~K 198 PAGE 53
' '_AW OFFtCES OF GOLDSTEIN. FRANKLlN. CHON:N Q SCHRANK. P. A.. 2020 NORTHEAST 163ao STREET. NORTH MIAMI BEACH. fLORiDA 33152 ~