HomeMy WebLinkAbout1900 Each of the parties acknowledges that for such breach and termination
the I,essor will sustain substantial damage, being damage of
such character as to make it most burdensome and tedious, if
not actually impossible, to ascertain with mathematical precision;
and they have, therefore, agreed upon this provision for liquidated
damages in the interest of obviating what would otherwise be ~
burdensome and difficult litigation. Further, this provision
for liquidated damages has been taken into account by.both
parties in fixing the terms of and the consideration for the
making of this Lease.
The Lessee pledges with and assigns unto the I,essor,
all of the rent, issues and profits which might otherwise accrue
to the Lessee for the use, enjoyment and operation of the Demised
Premi.ses and of the improvements, buildings, equipment, furniture,
and fixtures hereafter constructed or brought upon the Demised
Premises. If the I,essor upon the default of the Lessee elects
to file a suit to enforce or terminate this Lease and protect
its rights hereunder, it may, as ancillary of such suit, apply ;
. to any court having jurisdiction thereof for the appointment of `
a Receiver of all and singular said Demised Premises, improvements,
buildings, equipment~ furni~ure and fixtures; and thereupon the
court will forthwith appoint a Receiver with the usual powers and
duties of Receivers in like cases and such appointment wil.l be -
made by such court as a matter of strict-right to the Lessor
and without reference to the adequacy or inadequacy of the value
of the property which is subject to the landlord's lien or to
the solvency or insolvency of the Lessee and without reference
to the commission of waste.
16. LESSOR'S INTEREST NOT SUBJECT TO MECHANIC'S LIENS.
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The Lessee has no power to incur any indebtedness ~
giving a right to a lien of any kind or character upon the
right, title and interest of the Lessor in and to the Demised
Premises or in and to the improvements, buildings, equipment,
furniture and fixtures hereafter constructed or brought upon
the Demised Premises and no person will ever be entitled to
any lien directly or indirectly derived through or under the
Lessee, or its agents or servants, or on account of any act
or omission of the Lessee, which will be superior to the
interest in this Lease reserved to the Lessor upon the Demised
Premises and upon the improvement, buildings, equipment, furniture
and fixtures hereafter constructed or brought upon the Demised ~
Premises. All persons contracting with the Lessee, or furnishing 3
materials or labor to the Lessee, or to its agents or servants,
as well as all persons whomsoever, will be bound by this -
provision of this Lease. This provision is inserted pursuant -
to the authority of Chapter 713.10, Florida Statutes, 1971. ~
Should any such lien ~e filec~, the Lessee shall~~is
harge the ~
same by paying it, or by filing a bond or otherwise, as permitted
by law. ;
17. ASSIGNMENT.
This Lease is freely assignable, provided it is
not in default and is in good standing. However, no assignment
or transfer by the Lessee will be valid unless the assignee
shall expressl.y assume and agree to perform each and every of
the conditions of this Lease which by the terms hereof the Lessee
agrees to keep and perform. Such assumption will be evidenced
by written instrwnent executed in such fashion as to entitle it
to recording; and such assignment will not be valid unless the
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FEE. PARKER ~ FEE. P. A. 214 ~v~+ J
ATTORNEYS AT LAW Qp/~~ wrt
POST OFFIGE BOX 1000 DVOK iAb
fORT PIERCE. FLORIOA 33450
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