Williston, Sections 90n., 493n., 690n., 725n., 761n., 890-892, 926n., 1386n., 1403-1404, 1766, 1812, 1856, 1931, 1940, 1967, 1985.
1. Term and Premises.
3. Conditional Limitation.
4. Taxes and Water Rents.
6. Laws and Ordinances, etc.
7. Assignment and Subletting.
8. Permission to Enter.
9. Fire and liability Insurance.
10. Plate Glass Insurance.
11. Surrender on Expiration of Term.
12. Recovery of Possession on Default.
15. Alterations and Permission to
18. Subordination Clause.
19. Provision against Waiver.
20. Surrender Invalid unless in Writing
22. Covenant for Quiet Enjoyment.
24. Payments may be added to and
Collected as Rent. 26. Deposit as Security and Liquidated Damages.
26. Covenant by Landlord as to Title and Incumbrances.
27. Provision in Event of Condemnation.
28. Provision against Partial Eviction.
29. Covenant to Indemnify.
30. Covenant to Bind Heirs.
Agreement made........between...............hereinafter referred to as Landlord, and...............hereinafter referred to as Tenant.
1. Term and Premises. The Landlord hereby leases to the Tenant, and the Tenant hereby hires from the Landlord, for the term of.........from........to and including........the premises............
Barker v. Hawk, 189 App. Div. 266, 179 N. Y. Supp. 216.
1 See page 635, for other Contracts affecting Real Property.
2. Rent. The Tenant covenants to pay the rent of $........
in equal..... ..payments of $........in advance on......
Williston, Section 1812.
Walton v. Stafford, 162 N. Y. 558,57 N. E. 92.
Hayes v. Rosenblatt, 111 Misc. 370, 181 N. Y. Supp.
241. Bushe v. Wolff, 171 N. Y. Supp. 253.
3. Conditional Limitation. The Tenant covenants that if the rent reserved by this lease or any part thereof shall be unpaid when due, or, if 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 bankrupt or insolvent by any Court, or if a receiver or trustee in bankruptcy or a receiver of any property of the Tenant shall be appointed in any suit or proceeding brought by or against the Tenant, then and in each and every such case, the term hereby granted shall immediately cease, determine and come to an end, and the Landlord may recover and resume possession of the demised premises by any legal means.
Lindy Friedman Clothing Co., Inc., 275 Fed. 453; Miller v. Levi, 44 N. Y. 489, L. R. A. 1915, C. 238; Childs v. Burke, 110 Misc. 103,180 N. Y. Supp. 919; Winter Garden v. Dell's, Inc., 175 N. Y. Supp. 757; Manhattan Life Ins. Co., v. Gosford, 3 Misc. 509, 23 N. Y.
Supp. 7; (See cases cited under Clause 12.)
4. Taxes and Water Rents. The Tenant covenants to pay when due all taxes (other than income taxes), assessments, water rates, meter charges and other charges, extraordinary as well as ordinary, which shall, during the term of this lease be charged, assessed, imposed or grow due or payable upon or on account of said premises or any appurtenances thereof, by virtue of or under any persent or future law or requirement of any governmental authority; and all charges for water, gas and electricity, light or power, or other service furnished to said premises or the occupants thereof during said term; and all fees and charges of the................................
or other public or governmental authority, for construction, maintenance, occupation or use during said term of any vault, passageway or space in, over or under any street or sidewalk adjacent to the said premises, or for the construction, maintenance or use during said term of any part of any building covered by this lease within the limits of any street. The Tenant agrees on demand to produce and exhibit to the Landlord receipts by proper officials showing said payments. The Tenant may, however, defer the payment of any tax, assessment or other charge so long as the validity thereof shall be contested by the Tenant in good faith and by appropriate legal proceedings, provided that neither the premises nor the lien of such tax, assessment or other charge be meanwhile advertised for sale because of such non-payment, and provided further that the Tenant shall have furnished to the Landlord the bond of a surety company satisfactory to the Landlord or other security satisfactory to the Landlord, in an amount satisfactory to the Landlord, securing the Landlord against the payment of such tax, assessment or other charge so contested and against any and all loss, damage or penalty whatsoever in anywise arising from the failure of the Tenant to pay the same. If the Tenant shall, in violation of any provision of this lease, fail to pay or discharge any such tax, assessment or other charge, the Landlord may (but shall not be obliged to) pay or discharge the same, and the amount paid by the Landlord, with all expenses, interest and penalties connected therewith, shall be repaid by the Tenant on demand; and for all purposes under this lease and in any suit of any kind between the parties hereto any receipt showing the payment of such tax, assessment or other charge signed by any public official authorized to give similar receipts shall be conclusive evidence against the Tenant that the amount of such payment was due and payable and that such tax assessment or other charge was a valid and existing lien on the premises at the time of such payment.
Ward v. Union Trust Co., 224 N. Y. 73, 120 N. E. 81; Barker v. Hawk, 189 App. Div. 266, 179 N. Y. Supp. 216.