The lessee does covenant and agree to and with the lessor, that it, the lessee, will keep insured, during the said demised term, any and all buildings, or improvements that may be built or placed upon said premises, in a good and responsible company or companies to the amount of not less than eighty (80%) per cent, of the cost of the buildings, provided insurance in good and solvent companies can be obtained to that percentage; if not, then to the highest percentage that can be obtained, not exceeding eighty (80%) per cent, and all policies issued, and renewals thereof, of all such insurance upon the said buildings or improvements to the amount of any per cent, of the cost of the buildings, are to be assigned to, and in case of loss, be made payable to, the......................Trust
Company of ......................................(hereby designated as trustee) for the purposes hereinafter named, to wit - the same to be held by the said Trust Company as trustee as additional security for the amount of rent that might become due under the said lease and for the rebuilding herein provided for. And the lessee covenants and agrees, in the event of the total destruction of said premises by fire, that immediately upon the payment of the insurance moneys accruing to said Trust Company, it, the said lessee, will forthwith, and immediately advance and pay to said Trust Company the difference between the amount of insurance so received upon said policies and the sum of..........
thousand dollars, the said sum of........thousand dollars to constitute a trust fund for the payment of the rent hereunder, as well as for the rebuilding of said building; and said Trust Company, in case said buildings or improvements shall at any time or times be destroyed by fire, during said demised term, shall pay to said lessee; upon proper architect's certificates, so much of the said trust fund in such sum or sums as may be necessary to pay for the rebuilding of said building; and the lessee agrees and covenants that said sum shall be so expended in the construction of a new building upon said premises, and that it will rebuild the same. It is furthermore covenanted and agreed that the policies of insurance upon said premises shall be subject to the examination of the lessor, and the lessor shall have the right to reject any of said policies and in the event of such rejection, the lessee agrees to substitute new policies in like amount in companies the said lessor may approve. In the event that, owing to insurance regulations then or thereafter in force, said insurance moneys cannot be made payable to said Trust Company, or in the event said Trust Company shall be unwilling, or should be unable, or should decline, to act, then said moneys shall be payable to such person or corporation and in such manner as may be permitted by said insurance regulations, but in such a way as that all moneys paid or recovered on account of said policies shall constitute a trust fund as hereinbefore expressly provided.
And it is further understood and agreed that no interest is to be paid on said insurance money by said Trust Company during the time said money remains in its possession; and it is further agreed that any and all moneys which the said Trust Company shall receive by reason of any loss or destruction of the said buildings or improvements, is hereby constituted a trust fund, to be used for the rebuilding of the buildings and improvements upon the said premises as hereinbefore provided for. And it is further agreed that said Trust Company shall properly disburse such moneys and use same toward rebuilding the buildings and improvements upon the said premises as herein provided for; but it is expressly understood and agreed that this provision shall not prejudice the provisions in this lease contained that such insurance money shall stand as additional security for the rent herein provided for. And it is further understood and agreed that neither the lessor nor said Trust Company shall be responsible for the collection or noncollection of any insurance money or in any event but only for such insurance money as shall come to its hands; provided, however, that said Trust Company shall take such steps as said lessee may direct, either by suit or otherwise, for the collection of said insurance moneys, should the insurance company or companies for any reason decline to pay any loss; and the lessee shall advance all costs and expenses of such proceedings and shall fully indemnify said Trust Company from any loss, damage, costs and expense resulting therefrom. It is further understood that the said insurance moneys shall be applicable as to the payment of rent that may be due hereunder and shall at all times be subject to the payment of such rental.
And the said lessee covenants and agrees that if said buildings and improvements, or any part thereof, shall at any time or times during the continuance of said term be destroyed or damaged by fire or other casualty, and as often as any building or improvements on said premises shall be destroyed or damaged by fire or other casualty, said lessee shall rebuild and replace the same upon the same general plan and dimensions as before the said fire or casualty, the construction so rebuilt and repaired to be of the value of not less than. .. thousand dollars, and shall have the same rebuilt and ready for occupancy within twelve months from each loss or destruction, at its own expense, provided, that in case such* building shall be destroyed or damaged so near the end of said term that there shall not be ample time (which time shall not exceed eighteen months) to rebuild or repair the same before the end of said term, then the insurance on the said buildings shall belong to and be paid to the said lessee, except so much thereof as shall be equal to the sum, due and to become due the said lessor under the terms of this lease, which amount, if any, shall be paid to the said lessor; and in such case this leasehold interest shall be determined; and it is covenanted and agreed that all and every sum or sums of money which shall be recovered or received by said lessee for and in respect of said insurance upon said building or buildings shall be laid out and expended by it in rebuilding or repairing said buildings or such parts thereof as shall be damaged as aforesaid, and in case the lessee shall not have advanced the funds necessary to bring said insurance moneys up to... thousand dollars, it shall be lawful for the lessor to declare this lease ended, and into said premises to re-enter as hereinbefore provided; and any part of any building or buildings remaining on said premises shall at once be forfeited to said lessor and no compensation therefore shall be allowed to said lessee, and any balance of insurance money remaining in the hands of the said Trust Company shall be forfeited to him as liquidated and ascertained damages, and not as a penalty or penal sum or in the nature thereof. And it is understood and agreed, in case of a fulfillment by said lessee of its covenants in this lease, that any surplus of any and all insurance moneys, after the use of the same for the purpose provided in this lease, shall belong to and be paid over to the said lessee, except in the event of the destruction of said building, within eighteen months of the expiration of this term, when, after the deduction of the rental to grow due, the balance of the insurance money shall be paid to the lessee.