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7. That no alterations, changes or additions in said leased premises shall be made without first submitting written plans and
<br /> specifications for the same to the Lessor and obtaining his written consent to make the same. In the event of any such remodeling, altera-
<br /> tions or additions that Lessee shall make the same at his own expense and shall promptly pay for all materials and labor involved in
<br /> making the same.Lessee shall not permit any liens or claims or demands of any nature to exist against the Lessor or the leased premises.
<br /> In the event any lien, claim-or demand or any action for enforcing the same shall be fled or made against the Lessor or said premises,
<br /> the Lessee shall defend the same at his own expense and Lessee hereby agrees to indemnify and hold harmless the Lessor from any and all
<br /> liability or expense arising by virtue of such claim, demand or lien or the defense of any action fled to enforce the same. Any such
<br /> alterations, changes or additions shall, when made, become a part of said leased premises and remain thereon as the property of the
<br /> Lessor at the termination of said lease at the option of the Lessor. If the Lessor shall require the Lessee to restore the premises to the
<br /> original condition in which it was before this lease is executed, then the Lessee shall restore said premise to such condition at his own
<br /> expense, and all of the provisions of this lease with reference to such restoration contracts, liens, demands and expenses shall apply to
<br /> said restoration as well as the original alterations.
<br /> .S. To allow Lessor free access to the premises for the purpose of examining or exhibiting the same and also to allow the Lessor to
<br /> place upon said premises, at any and all times, "For Sale"signs, and within ninety (90) days of the termination of this lease"For
<br /> Rent"signs.
<br /> 9. Lessee shall promptly pay and discharge all store license taxes and all general property taxes or special license fees that may
<br /> be assessed or levied by any lawful authority against the property of Lessee or any sub-tenants on, against, or by virtue of the business
<br /> conducted in or on the demised premises during the term of this lease.
<br /> 10. Lessee shall promptly pay (in addition to the rents above specified) all water, sewerage, electric,power,gas and heating bills
<br /> taxed, levied,or charged against the premises for and during the term of this lease.
<br /> 11. Lessee covenants that should he make default in his agreement to pay the rent above provided to be paid,or any part thereof,
<br /> or in any of the other covenants and agreements herein contained, he will at once deliver peaceable possession of said premises to the
<br /> Lessor, and,failing to do so, it shall be lawful for the Lessor, his heirs or assigns, without notice,to declare said term ended,and to re-
<br /> enter said demised premises,or any part thereof,either with or without process of law,and to expel,remove and put out the Lessee,or any 1
<br /> person or persons occupying the same,using such force as may be necessary so to do,and to repossess and use said premises as before this
<br /> demise, without prejudice to any remedies which might otherwise be used for arrears of rent or preceding breach of covenants,and Lessee
<br /> further covenants and agrees, that Lessor shall have, at all times, the right to distrain for rent due, and shall have a valid and first lien
<br /> upon all property of Lessee whether exempt by law or not, as security for the payment of the rent herein covenanted to be paid.
<br /> 12. That after the service of notice,or the commencement of a suit,or after final judgement for possession of said premises,Lessor
<br /> may receive and collect any rent due and the payment of said rent shall not waive or affect said notice, said suit or said judgement.
<br /> 13. If the Lessee shall make any assignment for the benefit of creditors or if a receiver is appointed for the Lessee or his assets
<br /> or of the Lessee's interest under this lease,and if the appointment of such receiver is not vacated within five (5) days,or if a voluntary
<br /> or involuntary petition is filed by or against Lessee under the Bankruptcy Act,the Lessor may,upon giving the Lessee ten (10) days notice
<br /> of such election,either terminate Lessee's right to the possession of the demised premises or terminate this lease as in the case of.a violation
<br /> by the Lessee of any of the terms, covenants or conditions of this lease.
<br /> 14.It is agreed by the parties hereto that in the event Lessee is declared bankrupt or voluntarily offers to creditors terms of composi-
<br /> tion or in case a receiver is appointed to take charge of and conduct the affairs of the Lessee,then Lessor shall have the right of immediate
<br /> possession of said premises.
<br /> 15. That in case said premises shall be so injured by fire,windstorm or other catastrophe as to be rendered untenantable, and shall
<br /> not be repaired by the Lessor and rendered tenantable within ninety (90) days thereafter, it shall be optional with either party hereto to
<br /> terminate the lease by written notice at the end of such ninety (90) days, in which case rent shall be paid at the agreed rate above provided
<br /> up to the time of such fire;but in case such injuries are repaired and the premises rendered tenantable within ninety (90) days, the right
<br /> to terminate the lease for such cause shall not exist;provided,that nothing herein contained shall relieve the Lessee from liability for rent
<br /> or damage where such damage or destruction shall be caused by the carelessness, negligence or improper conduct of the Lessee, his agents
<br /> or servants.
<br /> 16. It is expressly agreed that no waiver nor apparent waiver, nor the failure of Lessor to require strict performance of any
<br /> condition, covenant or agreement shall estop the Lessor from enforcing such condition, covenant or agreement, nor any other condition,
<br /> covenant or agreement shall at any time be implied.
<br /> 17.At the termination of this lease,by lapse of time or otherwise,Lessee will yield up immediate possession to Lessor,and failing
<br /> so to do, will pay as liquidated damages for each day such possession is withheld,a sum equal to five times the per diem rental;but the
<br /> provisions of this clause shall not be held as a waiver by Lessor of any rights of re-entry as herein set forth; nor shall the receipt of
<br /> said rent or any part thereof,or any other act in apparent affirmance of tenancy,operate as a waiver of the right to forfeit this lease and
<br /> the term hereby granted for the period still unexpired,for any breach of any of the covenants herein.
<br /> 18. It is also agreed that the Lessee shall pay and discharge all reasonable costs, attorney's fees and expenses that shall be made
<br /> and incurred by the Lessor in enforcing the covenants and agreements of this lease, including the agreement to deliver possession for any
<br /> reason herein provided;and all the parties to this lease agree that the covenants and agreements herein contained shall be binding upon,
<br /> apply and inure to their respective heirs, executors, administrators, successors and assigns, and the terms "Lessor" and "Lessee" shall
<br /> embrace all of the parties hereto irrespective of number or gender.
<br /> 19. It is agreed that all payments herein provided to be made shall be made without relief from valuation or appraisement laws,
<br /> and all payments required to be made which shall not be made at the time due shall bear interest at the rate of six per cent per annum
<br /> from date of delinquency.
<br /> 20. Clauses numbered 21 , 2", 23, 24 and 25.
<br /> are hereby incorporated in and made a part of this lease.
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<br /> This instrument was prepared by S. J. Crumpaeker, City Attorney, South Bend, 1 nd.i ana
<br /> Member of St.Joseph County Indiana Bar.Association
<br />
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