HomeMy WebLinkAbout0054 including those not normally allowable in actions at law, such as but
not limited to copies of depositions, whether or not used at trial;
travel expenses for witnesses traveling from without 5t. Lucie County
ror 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 witness may charge the Lessor in connection
with his preparation for giving such testimor~y; ar~d witness subpoenas
issued to insure the presence of witnesses at deposition or at trial
whether or not the witnesa shall 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 alleged breach or default upon
the part of the Lessee wherein 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 otherwise com- ~
plying with the demanda of the Lessor as to the Lessee~s duties and :
obligations under the terms of this Lease, the Lesso r will be deemed f
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.
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~ 27. 3olv~en~cy_of Lessee. If, during the terms of this Lease, (a) #
tne ies~e~-
aII
maic~e an as~ignmeni for tne benefiL of
cr~di~or~; or ~
(b) a voluntary or involuntary petition shall be filed by or against ~
the Lessee under ar~r law having for its purpose the ad~udication oF i
the Lessee as a bankrupt or the extension of the time of payment, com-
position, ad~ustment, modification, 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 Condominium 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 daLe svecificallv fixed as the exuiration of the term hereoF. t
the provisions relative to notice and grace notwithstanding, and the '
Lessee shall then quit and surrender the Demised Premises to the Lessor ~
but the Lessee shall remain liable as hereinafter provided. If the Les- ~
see shall contest any proceeding of ar. involuntary nature which would ~
~ be grounds or cause for termination of the Lease under this section, ~
= arxi 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 under this secton shall be ~
= suspended until the ultimate determination of said matters by a Court -
of competent ~urisdiction or until the Lessee shall abandon or fail to
R take suitable action to preserve its rights to contest the proceedings.
= The Lessee shall every twenty (20 ) days not~,f'y the Lessor of its con-
tinued intention to prosecute its defense, and further, shall advise
3 the Lessor of the state of all litigation then pending, and the fail- ;
= ure of the Lessee to do so shall be deememed a termination of the sus- '
~ pension of the Lessor~a right to terminate as above provided. If a ~
; defense shall be brought by the Lessee and t~mely prosecuted arid the ~
~ Lessee shall comply with the above provision with regard to notice ar~d ;
} information to the Lessor, then the right of the Lessor to terminate ;
~ by reason of the provisions of r.his section shall be controlled by the =
~ outcome of such litigation, to-wit: ;
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a. If such liti¢ation be resolved in favor of the Lessee,
the Lessor shall have no right to terminate by reason of the
occurrence of the acts above listed.
;
- b. If such litigation be resolved against the Lessee, the :
Lessor sha.ll have tY~e right to terminate as above pz~ovided, but ~
v; nothing herein shall be construed as relieving the Lessee of the ~
- performance of any of its covenants herein which became perform- ~
able prior to the determination of the outcome of such litigation ~
or the earlier abandonment of defense by the Lessee. ~
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- 28. Entire Agreement. This instrument constitutes the entire ~
agreement e ween e par ies, and neither party has been induced by `
'T~ the other by representations, promises or understandings not expressed
herein, and there are no collateral agreements, stipulations, promises
= or understandings whatsoever in ar~y way touehing the sub~ect matter of
- this Ngreerr~nt which are not expressly contained herein.
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~ 3o~K 198 ~ac~ 54 '
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LaY~ OFFICES OF GOLDSTEIN. FRANKLIN, CHONIN S SCHRANK. P. A.. 2020 NORTMEAST 163r+a STREET. NORTH MiAMI BEACH, FLORIDA 33162 ;
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