HomeMy WebLinkAbout1837Partial or total destruction of the premises without fault of Lessee, or the
happenfng of any event descrfbed in Article XII. herein, entitled "Legal Inter-
ference" after the exercise by Lessee of the Purchase Option, if any, or Purchase
Refusal herein,.shall, at Lessee's election, excuse Lessee's perforn~ance of the
contract formed by the exercise of either of said options, it being understood
that Lessee's election shall not limit Lessee's rights under this lease.
ARTICLE XVI.
REMOVAL OF IESSEE'S PROPERTY:
On the termination of this lease, by lapse of time or in any other manner,
Lessee may, within a reasonable time thereafter, at its option and expense, re-
move from said premises all inventory, merchandise, equipment, fixtures, appliances,
safes, and other property, not consider~ed permanent fixtures to the convenience
store, motor fuel facility, placed or owned by it thereon, and shall leave the
building constructed on the premises for Lessee's use during the term of this lease,
for the use, benefit and ownership of the Lessor. Upon terminatinn of this lease,
all other improvements shall become the property of the Lessor.
ARTICLE XYII.
BREACN OR DEFAULT:
In the event Lessee shall be in default in the payment of rentals or other
charges hereunder, or otherwise shall breach its covenants or obligations here-
under, and shall remain in default for a period of thirty(30)days after notice
from Lessor to it of such default, Lessor shall have the right and privilege of ter-
minating this lease and declaring the same at an end, and of entering upon and tak-
ing possession of said premises, and shall have th~ remedies now or hereafter pro-
vided by law for recovery of rent, repossession of the premises, and damage oc-
casioned by the breach or default.
In the event Lessor shall breach or be in default in the perforn~ance of any
of the covenants or obligations on it herein impose~, and shall remain in default
for a period of thirty(30)days after notice from Lessee to it of such default, Les-
see shall have the right and privilege of terminating this lease and declaring the
same at an end, and shal? !:a~P the remedies now or hereafter provided by law for
the recovery of damages occasioned by such default.
ARTICLE XVIII.
CONTINUITY:
This agreement and each and all of the covenants, obligations, and conditions
hereof, shall inure to the benefit of and be binding upon the heirs, personal re-
presentatives, successors and assigns of Lessor, and the successors and assigns of
Lessee. Although designated in the singular number as "Lessor" if there be more
than one, they and each of them shall be jointly and severally bound by the obli-
gations and covenants; herein imposed. In the event of the assignment of this lease
by Lessee, or of its subletting the premises or any part thereof, Lessee shal~ at
all times remain liable to Lessor for the payment of rents and charges, and for the
faithful performance of all obligations imposed upon Lessee hereunder.
ARTICLE XIX.
NOTICES:
All notices given under this i~strument shall be in writing, and may be given•
either in the statutory method, if any, in the State where the premises are sit-
uated, or by depositing the notice in the United States registered mail, postage
prepaid, enclosed in an envelope addressed to the party to be notified. at such
party's address as shown in this instrument or at any known address of any Lessor,
if there be more than one; and the day upon which such notice is so mailed, shall
be treated as the date of service. If there be more tFj~y~ one Lessor,notice to any
one of them shall constitute notice to all. ~/ w
LES~ - - ~ ~ LE~~EE~
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