HomeMy WebLinkAbout2085 diligence, provided aII utl~ei~ coyenants af thc Lessee herein ma~P are
othexwise kept and perfoimed, and the right of termination in the Lessor
under this section shall be suspended until ~he ultimate dete ~nination of
said mafiters by a Court of competent ~urisdiction or until the Lessee
shall abandon or fail to take suitable action to preserve its rights to
contest the proceedings. T}ie Lessee shall every twenty (20) days notify
the Lessor of its continued intention to prosecute its defense, and
further, shall advise the Lessor of the state of all litigation then pend-
ing, and the failure of the Lessee to do so sl~all be deemed a termination
of the suspension of the Lessorts right to terminate as above provided.
If a defense shall be brought by the Lessee and timely prosecuted and the
Lessee shall comply with the above provision with regard to notice and
infoMnation ~o the Lessor, then the right of the Lessor to terininate by
reason of the provisions of this seetion shall be confi rolled by the out- _
come of such litigation, to-wit:
a. If such litigation be resolved in favor of the Lessee, the •
Lessor shall have no right to tenninate by reason of the occurrance
of the acts above listed.
b. If such litigation be resolved against the Lessee, the
Lessor shall have the right to terminate as above provided, but
nothing herein shall be construed as relieving the Lessee of tl~e
perfonnance of any of its covenants herein which became performable
prior to the deteMnination of the outcome of such litigation or the
earlier abandonment of defense by the Lessee.
28. Entire Agreement. This instrument constitutes the entire
agreement between the parties, and neither party has been induced by the
other by representations, promises or understandings not expressed herei.n,
and there are no collateral agreements, stipulatioii, pi~onises or under-
~ standings whatsoever in any ~ay touching the subject matter of this
~ Agre~nent which are not expressly contained herein.
.
; 29. Notice. LVhenever, under fihe terms of ~his Lease Agreement,
( reference is made to the giving of notice by one of the parties hereto
E to the other, or ~h~:~ever either nf the parties shall desire to give notice
~ of any matter to the other, such notice shall be given and shall be deemed
; sufficient when given by written instrument sent by registered or certi-
? fied mail, return receipt requested, addressed to the appropriate party,
~ with postage prepaid. For the purposes of this paragraph and this Lease,
i the addresses of the parties hereto are as follows:
~
~ LESSOR: 1140 Bayshore Drive, Fort Pierce, Florida
:
~ LESSEE: 1140 Bayshore Drive, Fort Pierce, Florida
~ Either party may change the address for giving of notice hereunder by
~
~ giving noticE of such change to the other party in the manner above
~ provided.
~ 30. Construction. This Lease shall be construed and interpreted-
~ in accordance w~th the laws of the State of Florida.
'd
31. Severability. The invalidity in whole or in part of any
3 covenant, promise or undertaking or any section, sub-section, sentence,
; clause, phrase or word, or of any provision of this Lease, shall not
affect the validity of the remaining portions thereo .
32. Captions and Titles. The captions and titles contained in this
Lease are for conveniences and reference only and in no way shall serve
to limit or describe the scope or intent of this lease or any part
hereof.
= 33. Termination of Condominium. A voluntary or involuntary teMnina-
° tion of the Lessee, or of the Condominium created by virtue of the
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