It is mutually understood and agreed, in case it shall become necessary at any time in the judgment of the lessor, to omit or suspend the operation of the elevators, the heating apparatus or other portion of the mechanical service of the said building, in consequence of accident or by reason of pendency of work incident to the repair or reconstruction of the mechanical equipment thereof, including elevators, electric equipment, heating apparatus, plumbing service, boilers and other machinery therein contained, that the lessor shall be at liberty to omit or suspend such operations, or any of them, until the necessary repairs or reconstruction, as the case may be, shall have been made and completed, without affecting or in any way modifying the obligations and covenants herein contained on the part of the lessee , or rendering the lessor liable for any damage or offset by reason thereof. In any such case, however, the lessor shall use due expedition and diligence in undertaking and completing any necessary works of repair or reconstruction.
8. That the lessee agrees at his own cost and expense to make good and repair all damage to the demised premises and to the fixtures and appurtenances therein contained, or to the property in said building belonging either to the lessor or to other tenants, caused by the acts or omissions of the lessee , or the members of h family, h servants or agents, including particularly any and all damage caused by neglect or misuse of the water appliances, gas fixtures and steam radiators or connections subject to the control of the lessee .
9. That the lessee will, in case of fire, give immediate notice thereof to the lessor, who shall thereupon cause the damage to be forthwith repaired, unless the premises be so damaged that the lessor shall decide to rebuild, in which case, but not otherwise, the term shall cease, and the accrued rent paid up to the time of the fire. If the premises demised, or any part thereof, are so far injured by fire as to be rendered untenantable but are nevertheless repaired by the lessor, then an abatement will be made from the rent corresponding with the time during which, and the extent to which, the same may have been untenantable.
10. In case of default on the part of the lessee in any of the covenants of this lease, or if the demised premises become vacant, the lessor may re-enter, without notice, or by means of summary proceedings, or in any other method prescribed by law, and resume possession and relet the premises in own name, for the account of the lessee without terminating this lease or in any manner affecting the obligations of the lessee to pay as damages the amount herein covenanted to be paid as rent. In this event, however, there shall be credited to the lessee the amount received from said reletting, after deducting the expenses of such proceedings as may have been necessary in order to regain possession, as well as the cost of reletting the premises; and the execution of a new lease for the said premises shall not terminate the lessee's liability or obligations hereunder, which shall in all events remain in full force and effect for the full term of this lease. The lessee having once vacated, may not re-enter without the consent of the lessor. No act or thing done by any officer or agent of the lessor, during the term hereby granted, shall be deemed an acceptance of a surrender of said premises, and no agreement of surrender or to accept a surrender of said premises shall be valid unless the same be made in writing, by the lessor or authorized agent.
In case of re-entry by the lessor or agents in any manner hereinbefore prescribed, the amount of damages or deficiency shall become due and payable each month as soon as the amount of said damage or deficiency shall have been ascertained in the manner herein provided, and separate actions may be maintained each month to recover the damage or deficiency then due, without waiting until the end of the term; and no notice or demand shall be necessary in' order to maintain such action.
11. It is hereby understood and agreed that the character of the occupancy of the demised premises is a special consideration and inducement for the granting of this lease by the lessor to the lessee . It is therefore expressly agreed, in case the lessor or agents shall determine any conduct on the part of the lessee or of the occupants for the time being of the demised premises to be objectionable and improper, that the lessor or agents shall have full license and authority to determine this lease and to re-enter and have full possession of said premises, either with or without legal process, on giving five days' previous notice of its intention so to do, and on tendering payment of a sum equal to the installment of rent which accrued on the first day of the then current month, in case such installment of rent shall then have been paid. Upon the expiration of said notice and upon tender of payment as aforesaid, the estate hereby granted and all right, title and interest therein on the part of the lessee shall cease and determine, and the lessor, agents or assigns, shall be entitled to the immediate possession of said premises; andiin consideration of the above letting, the lessee hereby covenants and agrees that the lessor and agents, shall not be liable for prosecution or for damages in resuming possession of the demised premises in the manner hereinbefore set forth.
12. The lessor shall furnish gratuitously for the accommodation of the lessee a room for the storage of trunks, bicycles, and other articles. It is mutually understood and agreed, however, that such provision on the part of the lessor is gratuitous; that the lessor shall in no event be or become liable for loss or damage to property stored therein or for any other damage or injury thereto; and that the lessee will assume liability for any personal injury sustained either by the lessee or by the members of h household h servants or employees, resulting in any way from the use or occupation of such storeroom.