HomeMy WebLinkAbout2905 including those not normally allowable in ac~lons at ?aw such as but ~
not limited to cop3es oP depositions, whether or not used at trial; -
, travel expenses for witnesses travelir~g Prom without St. Lucie County ~
for the purpose of testifying at trial or depositions; expert witness i
. fees for testifying at trial or deposition, together with such addi-
tional fees as the expert witness may char~e the Lessor in connection
with his preparation for giving such testimon~y; ar~d witness subpoeras
issued to insure the presence of witnesses at deposition o: at trial
whether or not the witness shall actually appear to be ca2led upon to
testify. In the event of any dispute or litigat3on between the Lessor
and the Lessee in connec~ion with any alledged breach or defaul; upon
- the part of the Lesaee wherein the Lessor deems it advisable or neces-
sary to retain the servlces of an attorney, and which is yettled prior _
to a~udicial determination of the issues, or prior to liti~ation, by
the Lessee payin~ the monies demanded, or by the Lessee otherwise com-
plyin~ with the demands of the Lessor as to the Lessee~s duties and
obligations under the terms o£ this Lease, the Lessor will 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.
27. Solvency of Lessee. If duri the terms of this Lease '
, ~
8
the Lessee s a mace an assignment for the benefit of creditors;~or ~
(b) a voluntary or involuntary petition shall be filed by or against
the Lessee under ar~y law having for its purpose the ad~udication of
the Lessee as a bankrupt or the extension of the time of payrr,ent, com-
position, ad~ustment, modi£ication, 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 ~he Declaration of Cor~dominium of the Condominium, this Lease,
at the option of the Lessor, shall be terminated and shall expire fully
F; and completely as if the day o£ happening of such contingency coincided
E : with the date specifically fixed as the expiration of the term hereof,
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 ar~y proceeding of an involuntary nature which would
be grounds or cause for termination of the Lease under this section,
and shall prosecute said defense with due diligence, provided all other
: covenants o£ the Lessee herein made are othertnrise kept and perforrred,
!i and the right of termination in the Lessor under this section shall be
suspended until the ultimate determination of said matters by a Court
, of competent 3urisdict3on or until the Lessee shall abar~don or fail to
~ take suitable action to preserve its rights to contest the proceedings.
` ~ The Lessee shall every twenty (20) days notify the Lessor of its con-
~ tinued intention to prosecute its defense arxl f
urther shall advise
the Lessor of the state of all litigation~then pending, and the fail-
ure of the Lessee to do so shall be deemed a termination of the sus-
: 5 _
E; - pension af the Lessor's right to terminate as above provided. If a
~ defense shall be brought by the Lessee and timely prosecuted and the ~
; ~~~Lessee shall comply with the above provision with regard to notice and
~ InPormation to the Lessor, then the right oP the Lessor to terminate
~ by reason of the provisions of this section shall be controlled by the
outcome of such litigation, towit:
a. If such litigation be - resolved in favor of the Ti.essee,
- the Lessor shal].~have no right to terminate by reason of the
" occurrence of the acts abov~ listed.
. b. If such litigation be resolved against the Lessee,- tr,e
~ aessor shall have the right to terminate as above provided, but
nothin~ herein shall be construed as relieving the Lessee of ~he
performance of any of its cov,enants herein which became perform-
able prior to the determination of the outcome of such litigation
or the earlier abandonment oP dePense by the Lessee.
28.- Entire Agreement. This instrunn~ent constitutes the entire
agreement e ween pa ies, and neither party has been induced by ~
~ F
-19- 60DK1~7U PACE~~~ _
t
i
Ll.W OFlfCEt Or GOLD6T[IN, i11ANKLIN. CHONIN ~~MRANK, P.A., 2020 NORTME/?iT 103~0 i7REET. NOATN MIANI DEACH, FLORIDA 33182
;
_ ~ -