20. It is agreed that no surrender of the premises or of the remainder of the term herein, shall be valid unless accepted by the Landlord in writing.
21. All notices to the Tenant or the Landlord herein provided for shall be served either personally or by mailing the same addressed to the Landlord or Tenant, respectively, at their last known place of residence.
22. The Landlord hereby covenants that the Tenant on paying the rent above reserved and performing the covenants and agreements aforesaid on its part, shall and may, at all times during the term aforesaid, peaceably and quietly have, hold and enjoy the said demised premises.
24. It is agreed that the Tenant shall have the option to renew this lease for a period of ten (10) years upon the same terms except as to rental, which shall be agreed upon between the parties and if they are unable to agree, to be determined by arbitrators, one to be selected by each party, and if they cannot agree to be fixed by a third arbitrator selected by the two. If the Tenant intends to exercise this option, it will give written notice to this effect at least nine months prior to the expiration of the original term of the lease.
11. The Tenant covenants that it shall and will on the last day of the term hereby demised or on the last day of the renewal hereof, if this lease shall be renewed, peaceably and quietly leave, surrender and yield up unto the Landlord the demised premises, including all improvements added to the premises by either of the parties hereto, its successors or assigns, in as good state and condition as reasonable use and wear thereof will permit, damage by fire and the other elements excepted. In case the Tenant shall put up any fixtures, plumbing, machinery, appliances or apparatus of any kind in said premises which shall be fastened to the walls, floors, ceilings or woodwork or any part of the building, the Tenant shall have the right to remove the same, provided that any injury caused said walls, floors, ceilings, woodwork or building by such removal shall be repaired by the Tenant.
12. The Tenant further covenants and agrees that if the Tenant shall be dispossessed, or if the said demised premises become vacant or abandoned, the Landlord or its agents may recover and resume possession of the said demised premises by force or otherwise and the same have again and repossess and enjoy, without being liable for prosecution therefor, and, in the event of such resumption of possession or otherwise under this lease or by reason of summary proceedings, the Landlord may remove all persons and property from the demised premises and may relet the same as agent for the Tenant, and the Landlord shall be entitled to hold the said Tenant liable for the difference between the rents and payments that would have been payable during the residue of the original term if this lease had continued in force and the net rent for such residue realized by the Landlord by means of reletting the demised premises to other parties, it being understood and agreed between the parties hereto that such net rent shall be determined by deducting from the entire rent received by reason of such reletting, first, the expense incurred by the Landlord in recovering possession of the said demised premises and reletting the same, and second, any costs or expenses incurred by the Landlord for necessary repairs to the demised premises or by reason of the breach of any of the terms, covenants and conditions of this lease, and it being further understood and with the Tenant, that at the time of the ensealing and delivery of this Indenture, the "Tenant" is seized of the said demised premises as of a good, sure, perfect, absolute and indefeasible estate of interitance in the law in fee simple,
2. Rent The Tenant agrees and covenants to pay to the
Landlord at........as they may from time to time designate in writing, the following rent, to-wit:
The Tenant further agrees and covenants to pay the said rent in equal........portions in advance on the first (1st) day of........, in each of the said years.
3. Gold Coin. The Tenant further agrees and covenants to pay all of said rent, as the same shall become due, in gold coin of the United States of America of the present standard of weight and fineness or its equivalent in standard gold coin of the United States of America at the time of payments. It is agreed that the acceptance of anything else in payment of any instalment or instalments of such rent, shall not be construed or considered to be a waiver on the part of the Landlord of the right to demand payment of any other unpaid instalment or instalments of such rent in standard gold coin of the United States of America, as hereinabove specified.
4. Demands. It is agreed that it shall not be necessary for the Landlord to demand said rent or any other payment or payments of money required to be made under the terms of this Indenture, but the Tenant shall pay each and every instalment of the rent and other payments as the same shall become due to........, or to any bank, trust company or other place in said City as may be designated from time to time in writing by the Landlord.
5. Existing Buildings. The Tenant acknowledges that it has examined and knows the present condition of said demised premises and the building now thereon and that no representations as to the said demised premises or as to the condition or repair thereof, were made by the Landlord or anyone on their behalf prior to the execution of this Indenture.
If, prior to........, any of the buildings or improvements now on said demised premises shall be condemned and removed, or destroyed by fire or other casualty, in whole or in part, whether insured or not, this Indenture and the obligation of of the Real Property Law relating to the destruction of the demised premises by fire or the elements.
14. The Tenant covenants and agrees that it will not make any alterations, additions or improvements in the demised premises, without written consent of the Landlord, and that the said Landlord, its agents and other representatives shall and may have the right at all reasonable hours to enter into or upon the demised premises or any portion thereof for the purpose of examining the same or of making such repairs or alterations therein as the Landlord may see fit voluntarily to make for the safety or preservation thereof.
15. The Tenant covenants and agrees that it will not incumber or obstruct or permit to be incumbered or obstructed the sidewalk in front of the demised premises, and that it will keep the said sidewalk in good repair, and free from snow and ice.
16. It is agreed that the Landlord shall not be liable for any damage or injury by water which may be sustained by the Tenant, its agents or employees, or for any damage or injury resulting from the negligence or improper conduct of the Tenant, or from the breakage, leakage or obstruction of the Croton water or soil pipes or for other leakage in the demised premises or any part thereof and the Tenant agrees to hold the Landlord harmless from any and all costs and damage in respect to the matters provided for in this clause.
17. It is agreed that the Tenant may bring into and use such dynamos, electric wires and other electrical apparatus in and about the premises as are or may be usual or suitable in the conduct of a garage, provided that the Tenant shall obtain written authority from the Fire Underwriters, the Fire Department or any other .body, official or otherwise, whose consent may be necessary to continue the validity of the policies of fire insurance that may be placed on said premises based on its use as a garage, and shall present evidence of such written authority to the Landlord if and when requested by him.
18. The Tenant covenants and agrees that this lease shall be at all times, during said entire term, subject and subordinate in lien to the lien of any mortgage or mortgages not to exceed a total of...............which the Landlord or any subsepremises to the Tenant until after........, the Tenant shall not be obligated to pay rent during such period of delay.
7. Security. The Tenant further agrees and covenants to furnish and deliver to the Landlord at the time of the execution of this Indenture a bond with sufficient and satisfactory surety or sureties, to be approved by said Landlord, running to said Landlord, in the sum of Fifty Thousand Dollars ($50,000), conditioned that the Tenant will build, construct and fully equip the new fire-proof building herein provided for on said demised premises in the manner and in all respects as required by the terms of this Indenture, and will fully pay for the same; said bond shall remain in full force and effect until the erection and final completion of said new fire-proof building by the Tenant and until the same shall have been fully paid for and be free and clear of any and all mechanic's, labor and material men's liens, as herein provided; and said bond shall further provide that, in case of default of the Tenant, said sum of.........., shall be paid to the Landlord, his legal representatives and assigns, as liquidated and ascertained damages, and not as a penalty or a penal sum or in the nature thereof. Upon full performance of the conditions of said bond as herein provided, the Landlord upon demand by the Lessee shall release and surrender such bond.
8. Subsequent Buildings. The Tenant agrees and covenants that the new fire-proof building when erected on said demised premises, as herein provided, and any building or buildings thereafter at any time thereon shall not be removed or torn down in whole or in part unless the Tenant shall first agree in writing to replace or restore said building or buildings with one of equal or greater value and of the same or of better quality and construction than the said new fire-proof building hereinbefore described, and the Lessee at the same time and before beginning such building operations will furnish and deliver to the Landlord a good and sufficient bond or other security satisfactory to the Landlord, upon the same general terms and conditions as the bond hereinbefore described, in an amount not less than...........
The Tenant further covenants and agrees that said new building and any building or buildings thereafter built upon