HomeMy WebLinkAbout1578 25. Default Ciause.
a. It is further cov~nanted a~d agreed by and between tne
partias here±o that in case, at any time, default shall be made
by the Lessee in tt,e parnent of any of the rent herein provided
for uPon the day the same becomes due and payaLle, or in case of
default in relation ta liens, as hereinabove provided for, or if
the Lessee shall fail to pay any of the taxes or assessments here-
in provided for, or i~ case of the sale or forfeiture of the De-
mised Premises or any part thereof during the term hereof for
non-payment of any tax or assessment, or in case the Lessee sha11
fail to keep insured any building or improvement which may ~
at any time hereafter be upan the said premises, as herein provided
for, or shall fai2 to expend insurance money, ~s herein provided
for, or if the Lessee shall fail to perform any of the covenants
of this Lease by it to be kept and performea, 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 ta re-enter upon
any part thereof, either with or without process of law, the said
Lessee hereby waiving any demand for possession of said premises
and any and all building and improvements then situated thereon;
or, the Lessor may have suc~ other remedies as the law and this
instrument afford. The Lessee covenants and agrees that upon the
termination of the demised term at such election, or in any other
way, the Lessee will surrender and deliver up the Demised Premises
peaceably to the Lessor, its agents or attorneys, immediately; and
if the Lessee, its agents, attorneys or tenants shall hold the said
premises, or any par,t thereof, one.(1) day after the same should
~be surrendered accordi~g to the terms ~f 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 ~r
otherwise, with or without due process of law.
b. Though this be a Ninety-Nine Year Lease, the parties
understand and agree that the relationship between them is that of
Landlord and Tenant, and the Lessee specifically acknowledges that
all statutory proceedings in the State of Florida regulating the
relationship of Landlord and Tenant respecting collection of re~t
or possession of the premises accrues to the Le~sor hereunder.
c. Nothing herein contained shall be construed as autiior-
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 the terms
of this Lease have continued for fifteen (15) days after written
notice of such default shall have been given by the Lessor t~ the
Lessee; and where the aileged default consists of some violation
other than the foregoina, the LAssor may not declare this Lease
in de£ault until such vi:olation shall have continUed for thirty
(30) days after the Lpssor shall have given the Lessee written
notice of such v iolation, and the Lessee shall not have under-
taken, during said thirty day period, to cure said violatian by
vigorous and affirmative action; p~ovided, however, that nothing
herein contained shall be construed as precluding the L~ssor
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 expiration of the
grace or notice periods provided for in this paragraph if,
under particular circumstances then existing, the allowance of
such grace period or the giving of such notice would prejudice
or endanger the rights and estate of the Lessor in~this L2ase
and in the Demised Premises.
d. AII default and grace periods shall be ~eemed to run
voncurrently and not consecutively.
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