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HomeMy WebLinkAbout0568 C, votning herein contained shall be construed as authorininq ~;.a :,essor to neclare this lease in default, howev~r, where the .:a:aLl~ consists in the non-payment of rent or taxes or mortgage .~,,,.:.~ats required by the mortgage to which the Lessor's intere~t ~ean raade subordinate,until such r.on-payment shall, in violation o~ ~.:~e ter•ns of this lease, have continued for fifteen (15) days ~~~~r written no~ice o~ such default shall have been given by the Lzsso= to the Lessee, and where the alleged default consists of vio2ation other than the foregoing, the Lessor may not ~ac~u~a this leasa in default until such violation shall have c~:,~:nuen for t.''iirty (30) days after the Lessor shall have given Lessee written notice of such violation, and Lessee shall not ::Mva w:uertaken, during said 30-day notice period to cure said v~~~a~ion by vigorous and affirmative action; provided, however, :.~::;.ir.g nerein contaiaed shall be construed as precluding ~:.a sso+ fro:.i :zaving such remedy as may be and become necessary ;:;,rder to preserve the I,essor's right and the interest of the ~ ~ o r i n ~.:ze pre.~ises and this lease, even be~ore the expiration ::r.e grace or notice periods provided for in this paragrap h i f, ;;:;;,c~ ~articular circumstances then existing, the allowance of such r,r~ca or the giving of such notice would prejudice or endanger tlne :is;:~s and estate of the I~essor in this lease and in the demised e:..ises . All default and grace periods shall be deerr.ed to run con- c;:r~aztly and not consecutively. E. It is mutually covenanted and agreed that the various ~;S:~s, powers, options, elections, privileges and remedies of the ~as~or contained in this lease shall be construed as cumulative, a:.;: no o~e of them shall be construed as being exclusive of the o::.e_ or exclusive of any rights or priorities by law. ~ ; c. ~t is fi;.rther covenanted and agreed by and between the ~_i__ ` ~~..~es hereto that the right given to the Lessor in this lease to ~ co;lec~ tne ren~ that may be due ur.der the terms of this lease by ~ a:~~ proceeding urrder the same, or ~he right to collect any additional ~ r2:.~, ~oney or payments due under the terms of this lease by any ~ ~:oczedings unde: the same or the right given the Lessor to enforce ; a:,y of the terms and provisions of this lease, shall not in any way ~ ~~~act the rights of such Lessor to declare this lease void and ~ ~ ~:ia ~erm hereby ended, as herein proviaed, when default is macie ~ ~ i.: ~'r.e payment of said rent, or when default is made by the Lessea ~ i:. a:.y of the ternc~s and provis ions of this lease . ~ G. If at any time, by reason of the failure of the Lessee to = < ~ ;caa~: v:.d perfor•r. any covenaat or a5reeneat which, under the terms <<# o= ~r.is laase, the Lessze is bound and obligated to keep and perfor:r?, ~eco:.~es necessary for Lesso~ to employ an attorney to protect = ~~g:~s and interests of the Lessor in the property demised, or ~ ~:.+orce th~ ~ease or proceed under it in any particular, tY.en, ~:.y of suca evants, the i.essee wil~. owe and will pay~ unto Lessor costs of court and reasonable attorney'e fee~ incurred or expended ~ ~y ;.ae Lessor ~i~c~ taking such actions. ti soo~22~ ~~E 568 ~a-~~ ~ LAW OFFICEg BART L. COHEN, CtTY NATIONAL BANK BUILOINC3, MIAM1~ FI.OR ~A ~t: " ~ ' _ W -