HomeMy WebLinkAbout1579 f. It is further covenai~ted and agreed by and be-
tween the parties here~o that the right to the Lessor to
collect the rent that may be due under the terms of this
Leasa by any proceedings under the same, or the right to
coilec~ any additional re~t, money, or payments due under
the terms of this Lease by any proceedings under the same,
or the right given the Lessor to enforce any of the terms
and provisions of triis Lease, shall not in a~y way affect
the rights of the Lessor to declare this Lease void and the ~
term hereby ended, as herein pr~vided, when default is made
- by the Lessee in any of the terms and provisions hereof.
g. It is further covenanted and agreed by and between ~
thz parties hereto that in the event of the termination of
this Lease at any time before the expiration of the term of
years hereby created, for the breach by the Lessee of any of
the covenants herein contained, then all of the righ±,esta~e
and interest of_the Lessee in and under this Indenture and
in the Demised Premises, and all addit~ons and accessions
thereto then situated on the said Demised Premises, together
with all the rents, issues and profits of said premises and the
improvements thereon, whether then accr~ed or to accrue, and
all insurance poiicies and~all insurance monies paid or pay-
able thereunder, and the then entire undisbursed balance of
any building escrow fund, and the entire undisbursed bal-
ance of any then existing joint bdnk account which have been
created under the terms hereof, and all of them, shall at
one pass to and ~ecorne the property oi the Lessor without any
compensation therefor unto the Lessee, not as a penalty for
forfeiture, but as li~uidated damages to Lessor because of
such default by Lessee and the consequent cancellation of the
Lease, each of the parties acknowledg~ng it to be the fact
that for 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 burdansome and .
tedious, if not actually impossible, 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 lit~g3ticn to ?~~aintain or~to
~ defend, as the case nay.be; and this provision for liquidated
, damages has been takpn into account by both parties in fixing
~ the terms of and the consideration for the making of this
Lease.
j h. The Lessee pledges with and assigns unto the Lessor
~ all of'the rents, issues and profits which might otherwise
' accrue to the Lessee for the use, enjoyment and operatior~
~ of the Demised Premises, and in connection with such pledging
of such rents, the Lessee covenants and agrees with the Lessor
that if the Lessor, upon default of the Lessee, elects to file
suit to er:force or cancel the Lease and perfect the Lessor's
rights hereunder, then the Lessor may, as ancillary to such
suit, apply t~ any court having jurisdiction thereof for the
appointment of a Receiver of all and singular the Demised
Premises, and all additions and accessions thereto, and there-
~ upon, it is expressly covenanted and agreed that the Court
~ shall forthwith appoint a Receiver with the usual powers and
~ duties of Receivers in like cases, and such appointment shall
_ be made by such Court as a matter of strict right to th~
~ Lessar, and without reference to the adequacy or inadequac}~
~ of +he value of~the property which is subject to the Landlord's
~ lien, or to the solvency or in~olvency of the Lessee, and
~ without referenc~ to the- cotnm~ssion of waste,
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