Bushe v. Wolff, 171 N. Y. Supp. 253.
19. Provision Against Waiver. The failure of the Landlord to insist upon strict performance of any of the covenants or conditions of this lease or to exercise any option herein conferred in any one or more instances, shall not be construed as a waiver or relinquishment for the future of any such covenants, conditions or options, but the same shall be and remain in full force and effect.
Williston, Section 689;
Fidelity Trust Co. v. Kohn, 27 Pa. Super. Ct. 374;
Douglas v. Herms, 53 Minn. 204, 54 N. W. 1112;
Chalker v. Chalker, 1 Conn. 79;
Westmoreland, etc. Gas Co. v. DeWitt, 130 Pa. St. 235, 254;
18 Atl. 724; Dumpor's Case, 4 Co. 119b; Rouiaine v. Simpson, 84 N. Y. Supp. 875; Thayer v. Meeker, 86 111. 470.
20. Surrender Invalid unless Written. The Tenant covenants that no surrender of the premises or of the remainder of the term herein, shall be valid unless accepted by the Landlord in writing.
Williston, Section 690n.;
Schmidt v. Vahjen, 143 App. Div. 479,127 N. Y. Supp. 1038; Levitt v. Zindler, 136 App. Div. 695, 121 N. Y. Supp. 483; Goldsmith v. Schrolder, 93 App. Div. 206; 87 N. Y. Supp.
558. Krumdieck v. Ebbs, 84 N. Y. Supp. 525; Crane v. Edwards, 80 App. Div. 333, 80 N. Y. Supp. 747.
21. Notices. Notices, demands and communications here* under to the Tenant or to the Landlord shall be validly and sufficiently served, given or made if mailed by registered mail, with postage prepaid, and if intended for the Tenant addressed to the Tenant at...............or if intended for the Landlord addressed to the Landlord at................ Either party may designate, by notice in writing, a new address, to which any such notice, demand or communication shall thereafter be so addressed and mailed.
22. Covenant for Quiet Enjoyment. The Landlord covenants that the Tenant on paying the rent reserved and performing the covenants and agreements aforesaid shall, at all times during the term, peaceably and quietly have, hold and enjoy the said demised premises.
Fifth Avenue Building Co. v. Kernochan, 221 N. Y. 370,
117 N.E.579; Baitzel v. Rhinelander, 179 App. Div. 735,167 N. Y. Supp.
343; Meyer v. Schulte, 160 App. Div. 236,144 N. Y. Supp. 1028;
Affirmed, 213 N. Y. 675,107 N. E. 1081; Title Guarantee & Trust Co. v. Twenty-first St. & Fifth Av.
Corp., 110 Misc. Rep. 126,180 N. Y. Supp. 358; Paddell v. Janes, 90 Misc. 146,152 N. Y. Supp. 948; Rainier v. Smith, 65 Misc. 560,120 N. Y. Supp. 993.
23. Cancellation on Sale or Exchange. The Landlord or any subsequent owner of the premises upon making a contract for the sale or exchange of the demised premises shall have the right to terminate and end this lease, and the term hereby granted, and all the right and interest of the Tenant under it by serving a notice to that effect upon the Tenant personally or by mailing the same addressed to the Tenant at the demised premises and upon the expiration of........after, the delivery or mailing of said notice, the term created by this lease and the tenancy hereunder, and all of the tenant's rights to the possession or occupancy of the demised premises shall cease, expire and come to an end. The Tenant covenants to execute, acknowledge and deliver a surrender of this lease within........
days after the service or mailing of said notice and upon delivering said surrender of lease and vacating the demised premises shall be entitled to a payment of $........if the
Tenant has performed all the covenants of this lease.
Scheele v. Waldman, 136 App. Div. 679, 121 N. Y. Supp.
486; Douglaston Realty Co. v. Hess, 124 App. Div. 508,108 N. Y.
Supp. 1036; Broadway John Street Corporation v. Huyler, 115 Misc.
621,189 N. Y.Supp. 223; Madison Ave. Realty Co. v. Martin, 114 Misc. 315, 187
N. Y. Supp. 318; Childs Co. v. Burke, 110 Misc. 103, 180 N. Y. Supp. 919; Bruder v. Crafts, 79 Misc. 88,139 N. Y. Supp. 307; Krim v. Varvori, 97 Misc. 407,161 N. Y. Supp. 229; Griffin v. Barton, 22 Misc. 228,49 N. Y. Supp. 1021; Hyman v. Federal Doll Co., 185 N. Y. Supp. 678; Miller v. Levi, 44 N. Y. 489; Lusonray v. McCastline, 192 App. Div. 156, 182 N. Y.
Supp. 425; Stoddard v. Winter, 179 N. Y. Supp. 741; Reeder v. Sayre, 70 N. Y. 180,26 Am. Rep. 567; Butler & Herman v. Meth, 122 N. Y. Supp. 271.
24. Payments and Damages as Rent. The Tenant covenants that in case the Landlord, by reason of the failure of the Tenant to perform any of the covenants, agreements, or conditions herein contained, shall be compelled to pay or shall pay any sum of money, or shall be compelled to do or shall do any act which requires the payment of money, then the sum or sums so paid or required to be paid, together with all interests, costs and damages, shall be added to the instalment of rent, next becoming due or to any subsequent instalment of rent and shall be collectible as additional rent in the same manner and with the same remedies as if it had been originally reserved.
Williston, Section 790;
Cuyler Realty Co. v. Teneo Co., Inc., 196 App. Div. 440,188
N. Y. Supp. 340; Knepper v. Rothbaum, 104 Misc. 554,172 N. Y. Supp. 109.
25. Deposit as Security and Liquidated Damages. The Tenant covenants upon the execution and delivery of this lease to deposit with the Landlord $...............as security for the payment of the rent reserved by this lease and also as security for the performance by the Tenant of the covenants, conditions and agreements of this lease, and also for any damage which the Landlord may sustain by reason of any act of the Tenant. The Tenant agrees that if the Tenant vacates or surrenders the premises or is dispossessed or if the Tenant violates any of the covenants, conditions and agreements of this lease, then and in that event, the sum of $........, deposited as security, with interest thereon, shall be retained by the Landlord as liquidated and stipulated damages. The parties agree that said $........shall be liquidated damages because they cannot ascertain the exact amount of the damage which the Landlord may sustain in the event of any breach of any of the covenants of this lease. The Tenant covenants that in case the Landlord shall sell or exchange the demised premises during the term of this lease that the Landlord may pay the deposit made under the terms of this lease to any subsequent owner, and in that event, the lessee agrees to release the Landlord from all liability for the return of said deposit and to hold the subsequent owner liable for the same.