HomeMy WebLinkAbout0073 25. Default Clau~e. •
a. It i$ further covenan+.ed and agxeed by and between the
parties hereto tha~ in c1se, at any time, default shall be made
by the Lessee in the ~ayment of any of the rent herein provided
for u~o~ the day the same becomes due and payable, or in case ~f
default in relation t~ liens, as hereinabove provided for, or ~f
the Lessee shall fail to pay any of the taxes ur assessments here-
in provided for, or in case of the sale or ferfeiture of the De-
mised Premises ar any part thexeof during the term hereof fcr
non-payment o: any t4x or assessment, or in case the Lessee sh~ll
fail to keep insured any building or improvement which may
at any time hereafter be upon the said premises, as herein provided
for, or shall fail to expend insurance money, as herein provided
for, or i~ the Lessee shall fail to perform any of the covenants
of this Lease by it to be kept a~d performed, then, and in any
such event, it shall and may be lawful for the Lessor, at its
election, to declare the demised term ended, and to re-enter upon
any part thereof, either with or without process of law, the said
Lessee hereby waiving any demand for possessia~ of said premises
and any and all building and improvements then situated thereon;
or, the Lessor may have such other remedies as the law and this
instrumPnt affcrd. The Lessee covenants an~ agrees that upon the
termination af the demised term a~ such election, or in any ather
~vay, the Lessee Lyl1Z surrender and deliver up the Demised Pr~mises
peaceably to ±he Lessor, ~±s agents or attcrneys, immediately; ac;d
if the Lessee, its agents, attorneys or tenants shall hold the saxd
premises, or any part thereof, ~ne (1) day af ter the same should
be surrendered acc~rding to the terms of this Lease, it shall be
deemed guilty of forcible detainer of said premises under the
statute and shall be subject to eviction or removal, forcibly or
otherwise, with or without due procnss of law.
b. Though this be a Ninety-Nine Year Lease, the parties
understand and agree that the relati~nship between them is that of
Landlord and Tenant, an~ the Lessee specifically acknowledges that
all statutory proceedings in the State of Florida regulating the
relationship o£ Landlord and Tenar.t respecting collection of rent
or possession of the premise~ accrues to the Lessor hereur.der.
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c. Nothing herein contained shall be construed as author-
izing the Lessor to declare this Lease in default where the
default consists in the non-payment of rent or taxes, or payments ~
on Lessee created mortgages on Lessee's interest in the Demised
Premises, until such non-payment shall in violation of zhe ter~?s
of this Lease have continued for fifteen (15) days after written
~?otice of such defa~~lt shall have been given by the Lessor to t~Le
I Lessee; and where the alleged default consists of some violation
other than the foregoina, the LQSSOr may not decZare this Lease
; in default unti]. such vi olatior. shall h~ve continued for ~hirty
j (30) days after thQ Lessor shall have given the Lessee written
; notice of such ~riolation, and the Lessee shall~not have under-
( taken, during said thirty day period, to cure said v;_olation by
i vigorous and affirmative action; p~ovided, however, that nothing
~ herein contained shall be construed as precluding t:!~ Lessor
I from having such remedy as may become necessary in order to pre-
serve the Lessor~s rights and the interest of the Lessor in the
' premises and in this Lease, even before the expiratio~ of the
' grace or notice peric~ds provided for in this paragraph if,
~ under particular circumstances then existing, the allowance of
such grace period cr the giving of such notice vrculd prejudice
oz endanger the rights and Estate of the LAssor in this Leasz
~ and in the Gemised Premises.
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~ d. All default and grace periods shali be deemed tn r~n
voncurrently anu not consecutively.
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