(A) To the payment of the cost, maintenance and operation of the demised premises and the buildings and improvements thereon, including a reasonable compensation to the said Landlord and agents, attorneys or servants, for services in such management:
(B) To the payment of all taxation rates, assessments, impositions and other charges or expenses herein covenanted to be paid by the Tenant;
(C) To the payment on account of the aforesaid instalment of rent covenanted to be paid by the Tenant from time to time as such rent accrues, with interest at the rate of..........
per centum per annum from the time the same becomes due.
And in such event, the Tenant covenants and agrees to pay to the Landlord on.......................difference between the current.......... rent herein stipulated to be paid, with interest at the rate of........per centum per annum from the first (1st) day of such........and the net amount of rent received by the Landlord during such........
for said premises to apply as aforesaid to the..... ......___instalment of rent covenanted to be paid by the Tenant.
The Landlord, shall not be under any obligation to enter into possession of said demised premises during said time and the foregoing provisions regarding the possession and management of said building and improvements and the disposition of rents thereof by the Landlord is made to operate only in the event that the said Landlord shall elect to enter into possession of the same as aforesaid.
3O. Termination and Notice. Provided always and this Indenture is made on the express condition that if default shall be made by the Tenant, its successors or assigns, in the payment of the rent herein reserved, as aforesaid, and such default shall continue for........days after notice thereof in writing to the Tenant, its successors or assigns, or if default other than in the payment of said rent shall be made in the agreements, stipulations and covenants, or any of them herein contained to be kept, observed, performed or fulfilled by the Tenant, its successors and assigns, and said default shall continue for......days after notice thereof in writing to the Tenant, its successors or assigns, then and in either or any such event, it may be lawful for the Landlord, to declare the said term ended, and to recover the possession of the said demised premises or any part thereof, and to expel and remove the Tenant and each and every person or persons in or upon the said demised premises or any part thereof, whether with or without process of law, using such force as may be necessary in so doing, and again to recover the possession of the said demised premises and enjoy the same as of their first and former estate.
The Tenant hereby waives all compensation whatever for the forfeiture of said term or the possession of said demised premises by the Landlord in the event of the forfeiture of this breach of the same covenant. In case the Landlord shall have proceeded to enforce any right under this Indenture, by entry, suit or otherwise, and such proceeding shall have been discontinued or abandoned because of a waiver, settlement or for any other reason, or shall have been determined adversely to the Landlord, then in every such case the Landlord shall be restored to his former condition and rights hereunder in respect to said demised premises and all rights, remedies and powers of the Landlord shall continue as though no such course had been taken.
It is agreed that neither the rights herein reserved nor those available to the Landlord under the law to receive, sue for or recover any rent or rents, moneys or payments, or to enforce any of the terms, provisions, conditions or covenants in this Indenture, or to prevent the breach or non-observance thereof, or the exercise of any such right or of any other right or remedy hereunder, otherwise granted, or arising, shall in any way affect, impair or control the right or power of the Landlord to declare the term hereby granted ended, and to terminate this Indenture because of any default or breach on the part of the Tenant.
32. Extension of Term. In case the Tenant shall have built
.......... ........... upon the said premises and shall have kept the same renewed and in repair, as provided for by this Indenture, and shall have kept, observed and performed all of the stipulations, agreements and covenants herein agreed to be kept, observed and performed by it, then if the Landlord and the Tenant cannot agree in writing after............
............, and before........................, upon the then actual cash value (based on the estimated cost of reproduction less depreciation, including obsolescence) of all buildings then situated on said premises and built thereon by the Tenant under the provisions of this Indenture, exclusive of the value of the land, and which buildings are to remain thereon after...................., and cannot likewise agree in writing after........................, and before
............................................., upon the then actual cash value of the land hereby demised (based on the market value thereof), then separate appraisals shall be made at once of the actual cash value of said buildings situated on said demised premises and built thereon by the said Tenant under the provisions of this Indenture, and which are to remain thereon after...................., and also of the actual cash value of said demised land exclusive of said buildings.
The said appraisals shall be made by three disinterested persons residing in the city of.................., (or the municipality in which said premises are situated), who shall act as such appraisers, one of whom shall be chosen by the Landlord and one by the Tenant and these two shall select a third appraiser. A decision of the majority of them shall be binding and shall be considered as the decision of the three appraisers. In case said appraisers or a majority of them cannot agree upon such appraisals, then the Landlord and the Tenant shall appoint new appraisers in the manner herein provided for the appointment of appraisers.