2B. R. C. 805; Barrington v. Watson, 38 Hun, 535; Re Pennewell, 119 Fed. 139; Kramer v. Amberg, 53 Hun, 427, 6 N. Y. Supp. 303; Rouiaine v. Simpson, 84 N. Y. Supp. 875; Fischer v. Ginzberg, 191 App. Div. 418,181 N. Y. Supp. 516; Re Prudential Lithographing Co., 270 Fed. 469; Gazlay v. Williams, 147 Fed. 678, 77 C. C. A. 662, 14 L. R.
A. (N. S.) 1199; affirmed, 210 U. S. 41, 28 Sup. Ct. 687,
52 L. Ed. 950; Bemis v. Wilder, 100 Mass. 446.
8. Permission to Enter. The Tenant covenants to permit the Landlord and its agents........months prior to the expiration of the term hereby granted, or any renewal thereof, to place in one or more conspicuous places upon the exterior of the premises signs advertising the premises "For Sale" and "To Let" and also to admit the Landlord at all reasonable hours to visit and examine the premises for any purpose.
9. Fire and Liability Insurance. The Tenant covenants during the term of this lease to keep all buildings, structures and equipment belonging to the Landlord, in or appurtenant to the premises, insured against loss or damage by fire to the full amount of the value thereof, and for an amount not less than
........, in good and solvent insurance companies satisfactory to the Landlord, for the benefit of the Landlord, with loss, if any, payable to the Landlord, or to any mortgagee or trustee under any mortgage prior or superior to this lease, as the Landlord shall direct. All policies shall contain such provisions as may be required by the Landlord, or by any such mortgagee or trustee under any such mortgage and shall be delivered to and held by the Landlord or in accordance with the Landlord's directions. During the term of this lease the Tenant covenants to provide and keep in force for the benefit of the Landlord, general liability policies in standard form, protecting the Landlord against any and all liability occasioned by accident or disaster, such policies to be written by good and solvent insurance companies satisfactory to the Landlord, in the amount of $........in respect to any one accident or disaster, and in the amount of $........in respect to injuries to any one person. The tenant agrees to pay all premiums and charges for all of the aforesaid insurance, and if the Tenant shall fail to make any such payment when due, the Landlord may make it and the Tenant agrees to repay the amount thereof to the Landlord on demand. The Tenant shall not violate or permit to be violated any condition of any of said policies, and the Tenant shall so perform and satisfy the requirements of the companies writing such policies that at all times companies of good standing satisfactory to the Landlord shall be willing to write such insurance.
10. Plate Glass Insurance. The Tenant agrees to insure the plate glass in the demised premises for the benefit of the Landlord and to pay the premiums on said insurance as soon as the same shall become due and payable, and the Tenant agrees in case of the default in payment of said premiums that the Landlord may pay the same and that they shall become part of the rent and be payable and collectible in the same manner as said rent.
11. Surrender on Expiration of Term. The Tenant covenants that it 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 other elements excepted.
Levine v. Sidney Rosenstein, 109 Misc. 299, 179 N. Y. Supp. 669.
12. Recovery of Possession on Default. The Tenant covenants that if the rent reserved by this lease, or any part thereof, shall be unpaid when due, or the Tenant shall fail to perform any of the covenants, conditions, provisions and agreements herein contained or if a petition in bankruptcy shall be filed by or against the Tenant or if the Tenant shall be adjudged insolvent by any Court, or if a trustee in bankruptcy or a receiver of any property of the Tenant, shall be appointed in any suit or proceeding by or against the Tenant, or if the Tenant shall be dispossessed or if the demised premises shall become vacant or abandoned, the Landlord may recover and resume possession of the demised premises by force or otherwise, without being liable to prosecution therefor. In the event of such resumption of possession under this lease or by summary proceedings or any other means, the Landlord may remove all persons and property from the demised premises and may relet the same as agent for the Tenant. The Landlord shall be entitled to hold the 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 the residue of the term realized by the Landlord by means of reletting the demised premises to other parties, the Tenant agrees that such net rent shall be determined by deducting from the entire rent received by reason of such reletting, the expense 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 any and all expenses incurred in recovering the possession of the premises. The Tenant agrees that said reletting may be for the whole of said residue of the demised term or for portions thereof from time to time, and may be of the whole premises or of portions thereof, from time to time, as opportunity may offer and as the Landlord may deem expedient, and in such case, the Tenant shall be liable for such difference from time to time, as the rent would have fallen due if this lease had continued, deducting from the original of each payment for a given period, as provided herein, the net amount realized during the last preceding similar period of reletting as aforesaid.