HomeMy WebLinkAbout1580 26. Costs and Attorne 's Fees. In any proceeding arising by
reason o an a ege a ure o the Lessee to perform any of
its duties and obligations pursuant to the provisions hereof,
or by reason of an alleged breach of any of the terms and/or
conditions or covenants of this Lease, or by reason of any
default in the payment of any monies, rentals or sums d~e or
becoming due under the terms and provisions hereof, or by
reason of any action by the Lessor to require the Lessee ~o
comply with its duties and obligations hereunder, the Lessor ~
shall, in the Avent it shall prevail in such a~tion, be en-
titled to recover its reasonable attorney's fees incurred,
tagether with all costs, including ~hose not normally alle~r-
able in actions at 1aw, such as but not limited to copies of
deQositions, wh~ther or not used at trial; travel"expenses
for witnesses traveling from without St. Tucie County for the
Furpose of testifying at trial or deposition~; expert witness
fees for testifying at trial or deposition, together with such
additional fees as the expert witness may ~harge the Lessor
in connection with his preparation for giving such testimony;
~ and witness subpeonas issued to insure the presence of wit-
nesses at deposition or at trial whether or not the witness
shall actually appear to be called upon to testify. I~ the
event of any dispute or li~igation between the Lessor and the `
Lessee in connection with any alleged breach or default upon
the part of the Lessee wherein the Le~sor deems it advisable
or necessary tc retain the services of an attorney, and which
is settled prior to a judicial determination of the issues,
or prior to litigation, by the Lessee paying the monies demanded
or by the Lessee otherwise complying with the demands of the
Lessor as to the Lessee~s duties and obligations under the
terms of this Lease, the Lessor will be deemed to have prevail-
ed in such dispute or controversy, and to be entitled to the
recovery of his reasonable attorney's fees incurred in conn-
ection therewith.
27. Solvency of Lessee. If, during the terms of this
Lease, (a) the Lessee sia 1 make an assignment for the benefit
of creditors; or (b) a voluntary or involuntary petition
shall be filed by or against the Lessee under ~ny law having
for its purpose the adjudication of the Lessee as a bankrupt
or the extension of the time of pa-arment,composition, adjust-
ment, modification, settlement or satisfaction of the ~iabil-
ities of the Lessee or the reorganization of the Lessee; or
(c) a permanent receiver be appointed for the property of the
Lessee; or (d) any governmental authority shall take possession
of the lands described in the Declaration of Condominium of
the Condominium, this Lease, at the op~ion of the Lessor, shall
be terminated and shall expire fully and completel~r as if the
day of happening of such contingency coincided with the date
specifically fixed as the expiration of the term hereof, the
' provisions relative to notice anr~ grace notwithstanding, and
the Lessee ~r~all then quit and surrender the Demised Prem~ses
to the Lessor but the Lessee shall remain liable as hereinafter
provided. If the Lessee sha11 contest any proceeding of an
involuntary nature which would~be grounds or cause for t~~em-
ination of the Lease under this section, and shall prosecute
said defense with due diligence, provided all other covenants
of the Lessee here~n made are otherwise kept and performed,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 competPnt jurisdiction or until the ~.essee shall
abandon or fail to take suitable action to preserve its r~ghts
to contest ~he proceedings. The L~ssee shall every twenty (20)
R ~
80GK~~~ P11T~1~
-18-
~ - -
.'~s ~ r,y~-- _ M r ! ~ 'r _
~'.".-~a=_c., ~ - . _ - r
. _ _ . ~d°rfa: