HomeMy WebLinkAbout1899 Nothing herein contained wi•11 be construed as pro-
hibiting the Lessor from declaring this Lease in default.
However, if the default consists in the non-payment of rent or
other monies due to the Lessor by the Lessee, the Lessor may not
declare this Lease in default until such non-payment shall have
continued for forty-fiv~ (45) days after written notice of such
default shall have been given by the Lessor to the Lessee; and
where the alleged default consists of some violation other than
the foregoing, the Lessor may not declare this Lease in default
until such violation shall have continued for sixty (60) days
after the Lessor shall.have given the Lessee written notice of
such violation and the Lessee shall not have undertaken, during
said sixty (60) day period, to cure said violation by vigorous and
affirmative action. Provided, however, that nothing herein con-
tained will be construed as precluding the Lessor from having
such remedy as may be and as may become necessary in order
to preserve its rights and its interest in the Demised Premises,
in said improvements, buildings, equipment,,furniture and fixtures,
and in this Lease, even before the expiration of the grace
or notice periods provided for in this paragraph, if the allowance ;
of such grace or the giving of such notice would prejudice ~
or endanger the rights and ~interests of the Lessor. ~
Al1 default and grace periods will be deemed to
run concurrently and not consecutively.
The various rights, powers, options, elections,
privileges and remedies of the Lessor contained in this Lease
will be construed as cumulative, and no one of them will be
construed as being exclusive of the other or exclusive_of any
rights or priorities provided by law.
The right herein given to the Lessor to collect the
rent due under this Lease, or its right to collect any other
monies due to it, or its right to enforce any of~the Qther
terms and provisions of this Lease,-will not in any way affect
its right to declare this Lease void and the term hereof ended,
~ when default is made by the Lessee.
E -
~ If at any time by reason of the failure of~ the
Lessee to keep and perform any covenants or agreements which
~ it is obligated to keep and perform it becomes necessary for
the Lessor to employ an attorney to protect its rights and
~ interests in the Demised Premises, in said improvements, equipment,
buildings, furniture and fixtures, and in this Lease, the Lessee
will pay unto the Lessor reasonable attorneys' fees incurred
or expended by the Lessor and costs of Court, if any.
~
In the event this Lease is terminated at any time s
before the expiration of the term of years hereby created for
the breach by the Lessee of any of the conditions herein contained,
all of the right, estate and interest of the Lessee and its
members in and under this Lease and in said Demised Premises,
improvements, buildings, equipment, furniture and fixtures,
together with all rents, issues and profits, whether then accrued
- or to accrue, and all insurance policies and all insurance
` monies paid or payable thereunder, and the then entire undisbursed
~ balance of any then existing joint bank account which may have
been created in connection with the collection of insurance,
~ shall at once pass to and become the property of the Lessor
~ (subject, however, to the rights of mortgagees); not as a penalty
~ for forfeiture, but as liquidated damages to the Lessor because `
of such default by the Lessee and the termination of this Lease. ;
~
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FEE. PARKER & FEE. P. A.
ATTORNEYS AT t.AW
POST OFFICE BO% 1000
FORT PIERCE. FLORIDA 33430
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