Agenda - 11-03-1986 - Laserfiche WebLink

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Landlord shoe have the option to do any of the(oliounns(in addition to and not in limitation of any other remedy permitted by taw or by the \ Leann: 1 9c 111 Tingeing this Lease.in.which evert Tenant shag irrvrodatehy surrender the Demised Premises to Land(ard.bed if Tenn sea fail so to do.Landlord may with ut further notice art without txeiudca to any other remedy Landlord may have to posseesscn ce aerearag s et .rent,enter upon the Demised Premises and expel or remove its elect,by kiwi if necersa y,without being Basile to Promotion or a Vanes ice deranges thereof:or (2)Without terminating this lease reinter the Demised Permian by summery proceedings or orherwie,and in any evens may its. possess the Tenant,removing all persons and Property from the Demised Praises and such property may be nenoved and stored in public warehouse or ebewhere at the cost of and for the account of Tenant,al without service of notice or resort to legal mansard without being deemed Suity of trespass,or becoming liable for any louor damage which maybe occasioned thereby.In the eventdsuch crest ry,Landlord may rent the Demised Premises to such tenant or tenants for such term or temp as Landlotdmay elect,without befrg obligated lodo so,and it the even of relining shall apply the rent therefrom Ern to the paynraptt of LaMlords expenes,inekedstgattorneyi s fell hemmed by reason of Tenant's default,and the expense of tainting ncludrog but not Tended to the repairs.renovate or alteration./the Demised Prensw,anti then to the payment of rent and agothernmtedue from Tenanthaeterder.Tenon remeitigliable for any drfiapwy.Suite deficiency shall be cakuLded and paid morliI 4.Far the putpoee deal Par agraph 9.01.Ppeentage Rental for at such pseud shall be deemed to have continued • thereafter at a monthly rate equal to emdtwelfth(1/12)al the Para/age Rental Paid by Tenant with raped to the Tart full twelve(12)month period ineteedatele precae:bg such tambhuion or reaetryr by Landon*provided.however.that.an the eves such termination on meow occurs prior to the end of the be lose year,than.for the papaws of this Paragraph 9.01,Percentage Reseal for any such period shall be deemed to have c+onsiwed thereafter at a mondj rats equal to the total earthly Paceneage Rental payable by Tenant prior to such Le mina• Lion or reentry divided by the number of months in which Tenant has been open for business it the Demised Premises.No such re--entry or taking possession of the Demised Premises by Landlord shag be cons rued as an election on his part to terminate this Lease unless a written notice of such intention to be Oven to Tenant. Notwithstanding any such rdetting without termination,Landed may at any time thereafter elect to terminate this Lease for atich previous breach.In addtion,Landlord may.as agent of Tenant.do whatever Tenant ie obligated to do by the provisional this Lease and may enter the Demised Premises,without being Ebel to prosecution or any claim for damages thereof,in order to accomplish this purpose,Tenant agrees to reimburse Laerdgrd immedwtely upon demand for any amense'thdch Landlord may incur in thus effecirg compliance with this Lease on behalf of Tenant,and Tenant further agrees that Lowland shag not bobble for any damages resuhirg to the Tenant from such action unless caused by the men olive=of Landed ARTICLE X INDIEWIFICATION,UABI1dTY AND OTe R INSURANCE 10.01 DEMISED PREMISES BVDEMNIFICAflON AND INSURANCE Tennant t agrees to Wearily and save harmless the Landlord from any claim or lop by mason of an accident or damage to person or property happervrg on or abut the Demised Premisn and aefaeet sidewalks and leading docks or areas or occasioned wholly or in Part by any act or orasaiom of Tenant,or its agents,contractor,eta loyees,re invitees.Tenant further agrees to carry,at its expense an all perils and public Sibley insurance on the Demised Premises,in a cannery purified to transact business in Florida,stipulating limits°Mabe'Ety etf snot lea ton X00.00 at any acc det'alfe t g any ore person:endow less than s ..000.0Ql .01 for wry ac ident affecting more than ore pesoh;and on less that property damage-Al such policies shall be furnished to Landlord, shall contain endorsements waiving the insurer's right or subrogation against Landlord her any reason whatsoever.and shall provide dory(30) days written notice to Landlord prior to cancelatioin ear terrintiea 1002.SHOPPING CENTER(EXCLUDING OEh ISED PREMISES)INSURANCE The Landlord dial obtain anal penis and public 5abetty insurance policy on the Shoppuig Center excluding the demised Peonies.The coat of the insurance poky shall be paid by the Tenants of the Shopping Cower.The amount of insurance changeable to the Tenant shall be that portion of the insurance policy paid on the Shopping Center as a whole(including public areas)in the ratios that the square bowed the demised premises beats to the squaw footage of all betidir ss erected in saki Shopping Center.In any expansion of the demised premises the neuranee base be the expansion area we be eneablshed by the same formula as that used in the first instance.Tenant agrees to reimburse landlord within thirty(301 days after proof of ireuraiie has been tendered to Tenant by Landlord.Any payment due hereunder steal be prorated as to the termination or expiration date of this tease agreement. ARTICLE XI ASSlG1'JA4F]r T,SUBLETTING AND SALE 12.01 ASSIGNMENT AND SUBLETTING BY TENANT: Tenant may not emir the Lease,rot sublet the Demised Premise,not permit the Demised Premises to be occupied or used by Third Persons or entities.without the Prior written consent of Lindland provided,however,that such comsat shat we be umeasonablyr withheld and that even if Landlord shall comet to any such assignment.Tenant shag remain liable and responsible under the Leine unrest*Landlord sp ecifraly agrees otherwise. ise. 11.0$ASSIGNMENT BY LANDLORD: Landlord may assign by way of seatity or otherwise this Lease or any part thereof or any right hereunder without Tawnt's consent,and any such assignment by Landlord of its entire interest in the Demised Premises,and is emirs rights under the Lem,(other than a security assignment)shall relieve Landlord of any further obligation hereunder,ascent Or obligations accrued at the time of such assignment aSelkArnallr if the assignee assumes and agrees to perform the obh3elione of the Landlord hereunder. 1L03 SALE BY LANDLORD: The Landlord may sit any and al of its interest n and to the Sopping Center a Demised ermined- ARTICLE RE MORTGAGE SUBORDINATION 12.01 AGREEMENT TO SUBORDINATE: . 'This Lease shwa be and hereby is made subject and atiadoate ar al roost to the len or security title of any mortgage granted by Land lord taints may now or hereafter affect the red property on wisieh the Derreaed Premises rams a pan.aid to all renewals,madifr_ations, end deerbi to secure debts. replacements and a setnicns demo!The term"mortgage"as used in this Lease shall include deeds of trust 12.02 NOTICE TO MORTGAGEE . If Landlord shall notify Tenant of the place of any mortgage against the Demented Pretests.Tenant agrees that in the event of any act or orni ion by Landlord or any other occurrence which wouid give Tenant the right to terminate this Lease,todam a partial or total eviction,or 5 • f•,