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HomeMy WebLinkAbout2084 Lessee for the use, enjoyment and operation of t}ic Dcmi~cd Premises, and in connection with such pledging of such rents, the Lessee covenants and agrees with the Lessor that if the Lessor, upon de- fault of the Lessee, elects to file suit to enforce or cancel the Lease and perfect the Lessorts rights hereunder, then th~ Lessor may, as ancillary to such suit, apply to any court having jurisdiction thereof for the appoinfiment of a Receiver of all and singular the Demised Premises, and all additions and accessions thereto, and fihereupon, 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 appo~ntment shall 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 Landlordts lien, or to the solvency or i.nsolvency of the Lessee, and without reference to the cor?xnission of waste. 26. Costs and AttorneyTs Fe_e_s. In any proceeding arising by reason of an alleged failure of 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 due or becoming due under the te~ns and provisions hereof, or by reason of any action by the Lessor to require the Lessee to comply with its duties and obligations hereunder, fihe Lessor shall, in the event it shall prevail in such action, be entitled to recover its reasonable attorneyTs fees incurred, together with all costs, including those not normally allowable in actions at law, such as but not limited to copies of depo- sitions, whether or not used at trial; travel expenses for witnesses traveling from without St. Lucie County for the purpose of testifying at triai or depositions; expert witness fees for testifying at i:rial or deposition, together with such ad'ditional fees as the expert witness 4 may charge the Lessor in connection with his preparation for giving such ; testimony; and witness subpoenas issued to insure the presence of witnesses at deposition or at trial ~,•hether or not the witness shall actually appear to be called upon to testify. In the event of any dispute or ~ litigation between the Lessor and the Lessee in connection with any ~ alleged breach or default upon the part of the Lessee wherein the Lessor deems it advisable or necessary to 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 otheMaise complying with the demands of the Lessor as to the ~ Lessee's duties and obligations under the terms af this Lease, the ~ Lessor will be deemed to have prevailed in such dispute or controversy, ~ and to be entitled to the recovery of his reasonable attorney's fees A incurred in connection therewith. ~ ~ ~ 1 27. Solvency of Lessee. If, during the terms of this Lease, (a) the ~ Lessee shall make an assignment for the benefit of creditors; or (b) a ~ voluntary or involuntary petition shail be filed by or against the Lessee a under any law having for its purpose the adjudication of the Lessee as a a bankrupt or the extension of the time of payment, composition, adjustment, : ~ modification, settlement or satisfaction of the liabilities 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 Condo- ~ ~ minium of the Condomi.nium, this Lease, at the option of the Lessor, shall : be tern?inated and shall expire fully and completely 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 ; - and grace notwithstanding, and the Lessee shall then quit and surrender the ` Demised Premises to the Lessor but the Lessee shall remain liable as . hereinafter provided. If the Lessee shall contest any proceeding of an ` involuntary nature which would be grounds or cause for termination of the Lease under this section, and shall prosecute said defense with due ~ - 18 i , ; - 1~~; - 600K ~J / PAGE2Opz ~ ~ : . g~_ . . . , . . ~4 .