HomeMy WebLinkAbout2904 . to enforce any of the terms and provisions of this Lease, shall .
' not in any way affect the rlghts of the Lessor to declare this '
Lease void and the term hereby eryded, as herein provided, when }
default la made by the Lessee in ar~y of the terms and provielon8
~ hereof. .
. ;
~ g. I~ is further covenan~ed and agreed by and between the
parties hereto that in the event of the termination oP this Lease
at any time bcfore the expiration of the term of years hereby
created, i'or the breach by the Lessee of ar~y of the covenants
herein containcd, then all of the ri~ht, estate and interest of
the Lessee in ami under this Indenture and in the Demised Prem-
_ ises, and all additions and accessions thereto then situated on
~ the said Demised Premises, to~ether with all rents, issues ar~d
profits of said premises anci the improvemen~s the~eon, whether
. then_accrued or to accrue, and all insurance policies and all in-
- surance monies paid or pay~ble thereunder, and the then entire
undisbursed balance of any buildir?~ escrow fund, and the entire
undisbursed balance of any then ex~sting ~oint bank account which may
: have been created under the term~ hereof, and all of them, shall
; at once pass to arxi become the property of the Lessor without any
~ compensation therefor unto ~he Lessee, not as a penalty for forf ei-
. ture, but as liquidated damages to Lessor because of such defaulti
_ by Lessee and the consequent cancellation oP the Lease, each of
~ the parties ac~mowledging it to be the i'act that i'or breach and
~ consequent cancellation of a long-term lease of this character
the Lessor will sustain substantial damage of such character as
to make it most burdensome and tedious, if not~ac~ually impossi-
ble, to ascertain the amount thereof with mathematical 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 deferid, as the case may be; and this provision for liquidated
` damages has been taken into account by both parties in fixing
the terma of and the consideration for the maldng of this LeaBe..
h. The Lessee pledges with and ass3gns unto the Lessor ~
~ all of the rents, issues and pr~ofits which might otherwise
~ accrue to the Lessee for the use, en~oyment and operation of -
; ~ the Demised Premises, and in connection with such pledging oP '
. such rents, the Lessee covenants and agrees with the Lessor
that if the Lessor, upon default of the Lessee, elects to file
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 a»y court havin~ Jurisdiction thereof for the
appointment oP a Receiver of aIl and singular the Demised Prem-
}i ises, and all additio»s 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 llke eases, and such appointment shall be made
: . by such Court as a matter o; strict right to the Lessor, and
; without referenee to the adequacy or inadequacy of the value
of the property which is sub~ect to the Landlord's lien, or to
the solvencx or insolvency of the Lessee, and without reference
, to the commission of waste.
~ 26. Costs and Attorney's Fees. In any proceeding arising by
reason of an a e~e . a ure o e Lessee to perform any of its du-
ties and obligations pursuant to the provisions hereof, or by re ason
. of an alle~ed 'oreach of any of tne terms and/or coriditions or cove-
nants of this Lease, or by reason of ar~y default in the payrr~nt of at~y
monies, rentals or sums due or becoming due urxier the terms and provi-
~ sions hereof, or by reason of any action by the Lessor to require the
Lessee to comply with its duties and obllgations hereunder, the Lessor
ahall, in the event it sha-11 prevail in such aation, be entitled to re-
~ cover ita reasonable attozhney' a feea incurred, . togetber with ail coata, ~
. . -18- B001(1~7p FAGf~~
tJ~W tlRFiGEB Or GOIDbTEI~I, FRANKLIN. CNONIN A SCMRANK. P.A.. 2020 NORTKEAST 103~o STREET, NORTN MIAMI BEA~H, FLOR~CiA 33t62