Federal Government and Boards of Fire Underwriters, it being agreed, however, between the parties hereto, that the Tenant is not required to make any substantial structural changes. All alterations and improvements and additions made by the Tenant shall belong to the Landlord, If by reason of any statute, law or ordinance or lawful regulation of any governmental authority, and without any neglect or default of the Tenant in complying with the terms of this clause and lease, the use of said theatre for motion picture exhibitions shall be or become unlawful, then and in that event, the Tenant shall have permission to use said theatre for first class legitimate theatrical productions. The Tenant agrees at the end of the term or sooner termination hereof, peaceably and quietly to yield up and surrender to first party said premises in the condition last aforesaid.
4. The Tenant agrees to hold the Landlord free and harmless from and indemnify him against any liability or claim for damages or otherwise, cost and expense for any accident occurring on the said premises during the occupancy of the Tenant, and also from and against any claim, cost or expense or liability by reason of the operation of said theatre by the Landlord during the term hereof, and not to make any changes or additions in or to the premises, except to install the necessary equipment for the proper exhibition of motion pictures (subject to Landlord's prior written approval) without the prior written consent of the Landlord in each instance nor to change the name of the theatre during said term..
5. The Tenant shall not assign or sublet this agreement or the said premises or any part thereof or any rights thereunder to any other person or corporation without the prior written consent of the Landlord in each instances had and obtained.
6. The Tenant shall take electric current for lighting exclusively from the Landlord and pay......therefor at the rate of......and shall further pay..........per month for the use of vacuum compressed air cleaning apparatus installed in said theatre. Should the Tenant fail to pay for such light and compressed air apparatus, same shall be added to rent due or .thereafter falling due and same remedies may be maintained by the Landlord for recovery of such moneys, or possession of the premises as he might maintain for non-payment of rent.
7. The Tenant agrees that it will print on every program used in said theatre in a conspicuous place and manner on the first page and above the name of the play or performance, the present name of the theatre.
8. The Tenant agrees that the Landlord and his agents may at all reasonable times enter into and imspect the premises.
9. Should the Landlord at any time during the term waive any breach of any covenant or condition on the part of the second party, it shall not be construed or held to operate as a waiver, or to in any way affect the Landlord's right to insist upon the enforcement of his rights in respect of any further or other breach of a covenant or condition by the Tenant, precisely as though no waiver had ever been made.
10. The Tenant agrees at all times, both day and night, to keep a watchman on the demised premises at its own expense and do nothing that will increase the present insurance rates.
11. In the event of the abandonment of the premises or removal therefrom by the Tenant, or the re-entry by the first party, by summary proceedings, peaceably, forcibly, or in any other manner, the Tenant hereby expressly waives all statutory rights of redemption of the premises.
12. In the event of the Tenant being judicially declared insolvent, or bankrupt, or if it shall make a general assignment for the benefit of creditors, or a receiver being appointed, this agreement shall immediately thereupon, at the option of the Landlord, terminate, and in the event that the said premises shall be taken under the right of eminent domain in condemnation proceedings, this agreement, at the option of the Landlord, may be forthwith terminated.
13. The provisions in this agreement contained shall be construed to be conditional limitations, terminating agreement on a breach of any of the said conditional limitations, whereupon the term of this agreement shall expire and the Landlord may re-enter by summary proceedings, peaceably, forcibly or in any other manner as if the term had expired by lapse of time and the Tenant was holding over and continuing in possession after the expiration of the term.
14. It is agreed that, in case of damage by fire or the elements, the Tenant shall give immediate notice thereof in writing to the Landlord, and, if a part only of the said building shall be damaged, but not so as to render the premises wholly untenantable, the rent shall abate proportionately and the
Landlord shall commence within........days after notice to repair the same at its own cost and expense, and complete said repairs with due and reasonable diligence; if the damage shall be so extensive as to render the said building wholly untenantable, the rent shall cease from the time the Landlord shall be notified by the Tenant of such damage until the said building is restored to a tenantable condition and after the said building is restored to a tenantable condition the rent shall begin again to run and be payable as before the damage; but, in case the said building shall be totally destroyed by fire or the elements, or the damage shall be so great that it will be necessary to rebuild the entire building or erect a new building on the site, the rent shall be apportioned pro rata and paid up to the time of such destruction or damage, and upon such payment being duly made by the Tenant, this lease shall come to an end. The Tenant hereby expressly waives the provisions of Section... of the Real Property Law relating to the destruction of the demised premises by fire or the elements.
15. It is agreed that if the Tenant shall fail or neglect to pay any installment of rent at the time and in the manner hereinbefore provided or should fail or neglect to perform or fullfill any of the covenants, conditions or agreements on its part to be performed or shall interfere with or prevent the exercise of any right or privilege by this agreement given to the Landlord then the Landlord may notwithstanding any license or waiver of any prior breach and without any notice and demand, enter into and upon said premises and repossess them as of their former estate, and expel and remove the Tenant and its effects, peaceably, or forcibly or by summary or dispossess proceedings and without being deemed guilty of any manner of trespass and without prejudice to any remedy which might otherwise be used for arrears of or future rent or breach of covenant or agreement all which shall survive such re-entry or dispossess proceedings and warrant, and in the event of the Landlord taking possession, he may at his option re-let the said premises or any part thereof for the same or other purposes; if so re-let the Tenant, its successors and assigns shall be liable for and agree to pay regularly monthly, the difference or deficiency between the amount and installments herein provided to be paid and the amount received by the Landlord upon such re-letting, if any, less the expense of re-entry and re-letting, and the amounts shall be paid by the Tenant upon the days above mentioned as the amount shall be at such times; and if there is no re-letting Tenant agrees to pay the full amount and installments hereinbefore provided on said days above mentioned; the said amounts shall be payable on........as aforesaid and no suit for any amount payable shall be a bar to any subsequent suit for subsequent defaults; such re-entry or the issuance of such warrant in dispossess proceedings as aforesaid shall not release the Tenant or terminate the liability to pay or make good the rental and all other sums in this agreement provided to be paid and obligations to be performed.
16. The agreement and its provisions, shall be binding upon and apply to the first party, his heirs, personal representatives and assigns, and to the second party, its successors and assigns where an assignment has been consented to by the first party, as herein provided.