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HomeMy WebLinkAbout0075 26. Gosts and Attorne 's Fees. I~ a~y pr~:eeding arising Ny ieason o an a ege ai ure o the Lessee to perform any of its duties an~ obligations pursuanc ta the provisioris hereof, or by reason of an alleged breach of any o~ the terms and/or cenditions or covenants of this Lease, or by reason of any default in ~he payn~ent of any.monies, rentaZs or sams due or becoming due under the terms and pr~visions hereof, or by reason of any action by the Lessar to require the Lessee te comply with its duties and obligations hereunder, the Lessor shall, in the pvent it shall prevail in such a~~ion, be en- titled`to recover its reasonable attorney's fees i~curred, together witr. alt costs, includ~ng those not normally allow- able in actions at law, such as but not limited to copies of depositions, whether or not used at trial; travel expenses for witnesses traveli~g from without St. Lucie County for the purpose of testifying.at trial or depositions; Qxpert witness £ees for testifying at trial or depo~ition, together with such additional fees as the expert witness may charge the Lessor in connection with his preparation for giving sucil testimony; and witness subpeonas issued to insure the pres~~~~ce of wit- nesses at deposition or at trial whether or not the witness shall actually appear to be called upon to testify. In the event of any dispute or li~igation between the Lessor and the Lessee in connection with any allzged breach or default upon the part of the Lessee wherei~ the Lessor deems it advisable or necessary to retain the~services ef an attorney, and wfiich is settled prior to a judicial determination of the issues, or prior to litigation,.h~y ~ne Lessee paying th~ monies demanded or by the Lessee otherwise cu~liplying with ~h2 demands of the Lessor as to the Lesseets duties anc~ obligations under ~he terms of this Lease, the Lessor will be deemed to have prevail- ed in such dispute or controversy, and to bP entitled to the rec~very of his reasonable attorney's fees incurred in conn- ection therevrith. 27. 5olve~cy of Lessee. If, during the t~rms of this Lease, (a) the Lessee shall make an assignment for the benefit of creditors; or (b) a voluntary or involuntary petition shall be filed by or against the Lessee under any law having for its purpose th~: adjudication of the LESSee ~s a bankrupt or the extension of the time of payment,composition, adjust- ment, modification, settlement or satisfaction of the l~abil- ities of the LE~see or the reorganization of the Lessee; or (c) a permanent receiver be appointed for the pro,erty of the Lessee; or (d) any governmental authority shall take possession of the Zands described in tr.e Declaration of Condominium of the Condominium, this Lease, at the option of th~ Lessor, shall he terminated and shall expzre fu~Zy and completely as if the day of happening of such centingency coincided with the date ' specifically fixed as the expiration of the term hereof, the ~ provisions relative ~o no~ice and grace nctwithstanding, and I the Lessee ~-!-::~11 then ~uit and surrender the. Demised Premises ~ to the Lessor but the Lessee shall remain liable as hereinafter ; provided. If the Lessee sha11 ccntest any proceeding of an ` involuntary nature which would he grounds or cause for term- ination of the Lease under this section, and shall prosecute ~ said defense with clue diligence, provided all otheX covenants ' of the Lessee herein made are otherwise kept and performed,an~ ; the right of termination in the Lessor under this section shall ` ~ be su~pended until the ultimate determination of said matters by a Court of cor,~petent jurisdiczion or until the Lessee shall abandon or ~ail to take suitable actior~ ta preserve its r~ghts to contest ~he proceedings. The Lessee shall e~rery twenty (20) ~ ~ ~ ~ _ ?~6f ~ ~ ~ -18- - ~ ; - - ~ v - - ~w... ..3°f'~ - - , r3 , ...1... , . . . _ . . ->.~f r r,.-.E.