Landesman v. Hauser, 45 Misc. 603, 91 N. Y. Supp. 6; Anzolone v. Paskusz, 96 App. Div. 188, 89 N. Y. Supp. 203; Lyons v. Gavin, 43 Misc. 659, 88 N. Y. Supp. 252; McMahon v. Howe, 40 Misc. 546, 82 N. Y. Supp. 984; 26. Covenant by Landlord as to Title and Encumbrances. The Landlord covenants that it has good title to the demised premises and that the same shall be on........free and clear of all liens, encumbrances, violations and leases except.. except that if there be any lien other than those referred to herein or any violation existing against the demised premises, the Landlord agrees to remove, discharge and cancel the same. 27. Provision in Event of Condemnation. In the event that the demised premises, or any part thereof, are taken in condemnation proceedings or by any right of eminent domain the entire award shall be made to the Landlord without deduction therefrom for any estate hereby vested in the Tenant and the Tenant shall receive no part of any such award. The Tenant hereby expressly assigns to the Landlord any and all such awards, together with any and all rights of the Tenant now or hereafter arising, in and to the same or any part thereof. If only a portion of the leased premises be so taken, the Landlord shall do such work as to make a complete architectural unit of the remainder of the building on the demised premises and the rental herein reserved from and after the date from which the award made to the Landlord shall commence to draw interest, shall be reduced by an amount equal to six per cent. of an amount determined by subtracting from the amount of such award the expense actually incurred by the Landlord in doing the work last above described. No such taking shall operate as or be deemed an eviction of the Tenant or in any way terminate, diminish, suspend, abate or impair the obligation of the Tenant to pay full rental or his obligation to fully observe and perform all covenants on his part herein contained, or any other obligation of the Tenant herein reserved for the benefit of the Landlord, except as in this paragraph above provided. If more than fifty per cent. of the ground area of the leased premises be so taken the term and estate hereby granted shall at the election of the Tenant cease and expire on the date when interest shall commence to accrue on such award provided that the Tenant shall at least thirty days before the confirmation of such award give written notice to the Landlord of such election. 28. Provision against Partial Eviction. No permanent or temporary revocation or modification of any licence, permit, privilege or right to occupy or use or maintain any vault, passageway or structure in, over or under any street or sidewalk, nor any permanent or temporary deprivation of any right, privilege or easement appurtenant to the premises, shall operate as or be deemed an eviction of the Tenant or in any way terminate, diminish, suspend, abate or impair the obligation of the Tenant to pay full rental or his obligation to fully observe and perform all covenants on his part herein contained, or any other obligation of the Tenant herein reserved for the benefit of the Landlord. Fifth Avenue Building Co. v. Kernochan, 221 N. Y. 370 117 N. E. 579. 29. Covenant to Indemnify. The Tenant covenants to indemnify and save harmless the Landlord against any and all claims arising from the conduct or management of or from any work or thing whatsoever done in or about the demised premises or any building or structure thereon or the equipment thereof during said term, or arising during said term from any condition of any street or sidewalk adjoining said premises or of any vaults, passageways or spaces therein or appurtenant thereto, or arising from any act or negligence of the Tenant or any of its agents, contractors or employees, or arising from any accident, injury or damage whatsoever, however caused, to any person or persons, or to the property of any person, persons, corporation or corporations, occurring during said term on, in or about the leased premises or upon or under the sidewalks in front thereof, and from and against all costs, counsel fees, expenses and liabilities incurred in or about any such claim or any action or proceeding brought thereon; and in case any action or proceeding be brought against the Landlord by reason of any such claim, the Tenant, on notice from the Landlord, shall resist or defend such action or proceeding, by counsel satisfactory to the Landlord. 30. Covenant to Bind Heirs, etc. It is agreed that the provisions, covenants and conditions of this lease shall bind and enure to the benefit of the legal representatives, heirs, successors, assigns of the parties and to grantees of the Landlord, excepting that no assignment by or through the Tenant in violation of the provisions of this lease shall vest any rights in the assignee. Williston, Section 430; Real Property Law of State of New York, Sec. 223; Garelik v. Rennard, 116 Misc. 352, 190 N. Y. Supp. 371. Lindenberg v. Howland, 187 N. Y. Supp. 917; 115 Misc. 244; Childs Co. v. Burke, 110 Misc. 103, 180 N. Y. Supp. 919; Douglaston Realty Co. v. Hess, 124 App. Div. 508, 108 N. Y. Supp. 1036; Adler v. Lowenstein, 52 Misc. 556, 102 N. Y. Supp. 492; New York Mutual Life Ins. Co. v. Armstrong, 117 U. S. 591, 597; 29 L. E. 997; 6 S. C. 877; Warnecke v. Lembea, 71 Ill. 911; Griswold v. Sawyer, 125 N. Y. 411, 26 N. E. 464; Sulz v. Mutual Reserve Fund, 145 N. Y. 563, 40 N. E. 242. Stoddard v. Winter, 179 N. Y. Supp. 741; Walker v. Bradley, 89 Misc. 516, 153 N. Y. Supp. 686; Lewis v. Bollinger, 115 Misc. 221, 187 N. Y. Supp. 563. Lease Providing for Erection of Building by Landlord. AGREEMENT made..... ....... between... hereinafter called the "Landlord," and. hereinafter called the "Tenant" WITNESSETH: and 1. The Landlord for and in consideration of the rents, covenants, conditions, provisions and agreements hereinafter mentioned, reserved and contained on the part and behalf of the Tenant to be paid, kept and performed, has granted and demised and the said Tenant has hired the premises bounded and described as follows: To have and to hold the above mentioned and described premises, with the appurtenances, unto the tenant for and during and until the full end and term of....... years from the date of the completion of the building to be erected by the Landlord. 2. The Landlord agrees that he will erect upon the premises above described a........story. . . . ...in accordance with the plans and specifications prepared by.. Architect. Said plans and specifications have been agreed upon between the parties hereto simultaneously with the execution of this lease, and that said building shall be erected under the direction of the said architect, whose decision in writing upon any matter relating to the erection of such building shall be final. Said building shall be erected according to law and shall be completed as soon as possible, delay caused by strikes or lockouts or other causes not under the control of the Landlord excepted. The architect shall upon the substantial completion of said building certify that fact in writing, which certificate shall be binding, final and conclusive for all purposes under this lease. The Landlord shall erect the said building at its own cost and expense, and said building shall at all times belong to the Landlord. 3. The Tenant agrees to pay the yearly rent of.... lawful money of the United States of America, in.......annual payments of......in advance, the first payment to be made immediately upon the completion of the building and every ...month thereafter in advance. 4. If the rent reserved or any part thereof shall be unpaid on any day of payment whereon the same ought to be paid as aforesaid, or if default shall be made in any of the covenants, conditions, provisions or agreements herein contained on the part and behalf of the said tenant to be kept, performed, observed or fulfilled, then and in each and every such case the term hereby demised shall cease, determine and come to an end, and from thenceforth it shall and may be lawful for the Landlord to recover and resume possession of the said demised premises and every part thereof, and to remove all persons therefrom, and the same to have again, repossess and enjoy as in its first and former estate, anything herein contained to the contrary thereof in any wise notwithstanding. 5. The Tenant covenants to pay to the Landlord yearly and every year during the said term hereby granted, the rent reserved, on the days and in the manner prescribed as aforesaid for the payment thereof, without any deduction, or delay, according to the true intent and meaning of this lease. 6. The Tenant further covenants and agrees that it will, at its own proper cost and charges, bear, pay and discharge, within thirty (30) days after the same shall become a lien against the demised premises, any and all water rents or charges, whether regular or by meter, or both, which shall be imposed, assessed or charged upon or against the demised premises or any part thereof, by any authority or law, present or future, whatsoever, and will, within twenty (20) days after such payment, deliver to the Landlord the receipt showing such payment, and, in the event of the Tenant failing to pay the same, it shall and may be lawful for the Landlord, without notice or demand, to pay the amount of any such water charge, with any expense attending the same, and the amount so paid shall immediately be due and payable to the Landlord by the Tenant as additional rent, and shall be collectible as rent within the meaning of all the terms, covenants, conditions and agreements of this lease. 7. The Tenant covenants that it will, throughout said term at its own expense, make and do all repairs of all kinds, both inside and outside (except repairs made necessary by fire, or by damage by the elements rendering the building untenantable as a whole or any substantial part thereof) to the demised premises, including the roof thereof, and keep the same in good order and repair, and observe and be responsible for, and bear all expenses of complying with all orders, ordinances, rules, regulations and requirements of all Municipal, State and Federal authorities relative to the demised premises or any part thereof. 8. The Tenant covenants that it will not, at any time or times, hereafter, during the continuance of the term hereby demised, assign, transfer or make over the whole of the premises hereby granted or its present lease, or any renewal thereof, or any of its term or time therein or sublet the same without the consent of the Landlord in writing, for that purpose first had |