Page images
PDF
EPUB

h. The Landlord shall not be liable for any failure of water supply, electric current or telephone service, nor for injury or damage to person or property caused by the elements or by other tenants or persons in said building, nor responsible for any package or article left with or entrusted to an employee of the Landlord. If the Landlord shall furnish to the Tenant any storeroom, use of laundry or any other facility outside of the apartment demised, it is understood and agreed that the same is furnished gratuitously by the Landlord, and that if any person shall use the same such person does so at his or her own risk and upon the express stipulation that the Landlord shall not be liable for any loss of property therein, or for any damage or injury whatever to person or property.

i. The Landlord shall not be liable for any damage to any property to said premises or building from the Croton or other water, steam, gas, electricity, snow, rain, sewerage or any substance which may leak into, issue or flow from or into any part of said building of which the premises hereby leased are part, or from any other place or quarter, nor for any damage that may be suffered by the Tenant through the fault or negligence of another tenant of the building, of which the demised premises form a part, nor by reason of any other matter, cause or thing in whatsoever manner the same may be caused.

j. No diminution or abatement of rent, or other compensation, shall be claimed or allowed for inconvenience or discomfort arising from the making of repairs or improvements to the building or its appliances, nor for any space taken to comply with any law, ordinance or order of a governmental authority. In respect to the various "services," if any, herein expressly or impliedly agreed to be furnished by the Landlord to the Tenant, it is agreed that there shall be no diminution or abatement of the rent, or any such other compensation, for interruption or curtailment which shall be due to accident, alterations or repairs desirable or necessary to be made or to inability or difficulty in securing supplies or labor for the maintenance of such "service" or to some other cause, not gross negligence on the part of the Tenant. No such interruption or curtailment of any such "service" shall be deemed a

constructive eviction. The Landlord shall not be required to furnish, and the Tenant shall not be entitled to receive, any of such "services"during any period wherein the Tenant shall be in default in respect to the payment of rent, or of any part thereof.

k. In case the said apartment building shall be partially damaged by fire, the same shall be repaired as speedily as possible at the expense of the Landlord, so as to conform to the original plan and specifications for said building; but in case of the total or substantial destruction of said building by fire or otherwise, then and from thenceforth this lease shall cease and come to an end unless the Landlord should elect to rebuild the building in conformity to the original plans and specifications for said building or unless the insurers of said building should elect to rebuild said building under the terms of any provision which may be contained in their policies of insurance, in which case this lease shall not cease but shall continue and apply in respect to the apartment in the building so rebuilt, which shall correspond with the apartment hereby demised. Whether said election to rebuild shall be exercised by the Landlord shall be determined by vote of the stockholders at a meeting, of which written notice of at least ten days stating the purpose of the meeting shall be given to each stockholder in the manner herein described.

1. The Tenant shall be entitled, without special charge therefor, to such a supply of heat and use of and service for all public or common facilities or parts of the building as are provided for other tenants of similar apartments in the building. The Tenant shall also be entitled, without special charge therefor, to the use of water if and as long as the apartments are not separately metered, but in case the apartments are separately metered for water then the Tenant shall pay the meter charge for said water.

m. In case the Tenant shall at any time hereafter sublet the within demised premises, with the consent of the Landlord and shall thereafter make default in payment of the rent or other payments herein provided to be paid by said Tenant, then and in such event the Landlord may, and it is hereby authorized, as the agent of the Tenant, to collect from

the sub-tenants or under-tenants of the Tenant occupying such apartment or any part thereof, and who shall be or become indebted to said Tenant, the legal representatives or assigns of the Tenant, and to receive the rent of the apartment or any part thereof so occupied by them or any of them; and to apply the same on account of the rent and other payments remaining unpaid by the Tenant as aforesaid, or so much thereof as the sum or sums from time to time falling due to the Tenant from such under-tenants will suffice to pay; and any such payment of such rent to the Landlord by such under-tenants shall be reckoned a full and sufficient payment by and discharge of such under-tenants as between them and the Tenant, the legal representatives and assigns of the Tenant to the extent of the amount so paid to the Landlord as aforesaid.

n. The Landlord and the Landlord's agents shall be permitted at any time during the term to visit and examine them at any reasonable hour of the day, and workmen may enter at any time, when authorized by the Landlord or the Landlord's agents, to make or facilitate repairs in any part of the building; and if the said Tenant shall not be personally present to open and permit an entry into said premises, at any time, when for any reason an entry therein shall be necessary or permissible hereunder, the Landlord or the Landlord's agents may forcibly enter the same without rendering the Landlord or such agents liable to any claim or cause of action for damages by reason thereof (if during such entry the Landlord shall accord reasonable care to the Tenant's property), and without in any manner affecting the obligations and covenants of this lease; it is, however, expressly understood that the right and authority hereby reserved, does not impose, nor does the Landlord assume, by reason thereof, any responsibility or liability whatsoever for the care or supervision of said premises, or any of the pipes, fixtures, appliances or appurtenances therein contained or therewith in any manner connected.

o. If the Tenant shall at any time be in default hereunder, and if the Landlord shall institute an action or summary proceeding against the Tenant based upon such default, then the Tenant will reimburse the Landlord for the expense of attorneys' fees and disbursements thereby incurred by the

Landlord, so far as the same are reasonable in amount. Also, so long as the Tenant shall be a tenant hereunder, the amount of such expenses shall be deemed to be additional rent hereunder, and shall be due from the Tenant to the Landlord on the first day of the month following the incurring of such respective expenses.

The Landlord covenants:

a. That if and so long as the Tenant pays the rent reserved hereby, and performs and observes the covenants and provisions hereof, the Tenant shall quietly enjoy the demised premises, subject, however, to the terms of this lease, and to the mortgages above mentioned and provided for.

b. Subject to the provisions of Paragraph tenth above, the Landlord will furnish the following respective services: (a) if there be a passenger elevator in the building, then passenger elevator service to and from the demised premises at all times; (b) hot and cold water in reasonable quantities at all times if and as long as the apartment hereby demised is not separately metered for water; (c) steam heat during the cold season in each year. The Landlord may furnish additional service, but any such service shall be gratuitous unless otherwise arranged, and shall not be an obligation of the lessor, or part of the consideration for the rent.

The Tenant for himself and his legal representatives covenants that this lease will not be assigned (other than to a member of his household at the time of his death) and that the premises demised shall not be sublet, except to such persons as the board of directors may approve, and that the refusal of the board of directors to so approve may be arbitrary, and further covenants that if he does assign or sublet or attempts to assign or sublet, except in accordance with the above covenant, that this lease shall then be null, void and terminated. If, however, the board of directors refuses its approval to any proposed assignment or subletting of this lease and any member of the board of directors dissents from the action of the board, then, at the request of the Tenant, a meeting of the stockholders of the Landlord shall be called as soon as possible under the by-laws of the Landlord, and thereupon if three-quarters of the stockholders consent to said proposed

subletting or assignment, the board of directors will consent thereto.

THIS AGREEMENT shall bind and run in favor of the respective heirs, executors, legal representatives, successors and assigns of the parties hereto.

IN WITNESS WHEREOF, the Landlord has caused its corporate name to be hereunto signed by its president thereunto duly authorized and its corporate seal to be affixed hereto, duly attested by its secretary, and the Tenant has hereunto set the Tenant's hand and seal, the day and year first above written.

[merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][merged small]

part, hereinafter designated as the lessor; and.. part of the second part, hereinafter designated as the lessee

Witnesseth that the lessor has agreed to let and hereby does let and demise to the lessee, and the lessee has agreed to take and hereby do take from the lessor the apartment designated as......on the.... floor of the building known as

[ocr errors]

in the Borough of Manhattan, City of New York, for the term of.

[merged small][merged small][merged small][ocr errors][merged small]

it being hereby expressly understood and agreed that the premises so demised shall be occupied only by the lessee and by the members of h family as a private dwelling apartment, and for no other use or purpose whatever.

And the said Lessee hereby covenants and agrees to pay unto the said Lessor rental, in equal monthly payments, in advance, on the first day of every month during said term, as follows: From........19.. to........19.., the sum of $.... rental in equal monthly payments of $. . . .

« PreviousContinue »