Party by the Second Party in equal monthly installments, in advance on the first day of each and every month. 2. (a) That the First Party, at its own cost and expense, shall, within thirty (30) days from the date of this agreement, paint upon said sign-board the advertisement of the Second Party, provided, however, that the Second Party, within three (3) days from the date hereof, shall have furnished to the First Party the necessary copy for such advertisement. (b) That, if the painting of said advertisement by the First Party shall be completed prior to February 1, 1923, then, and in such event, the term of this agreement shall commence upon the day of the completion of such painting, and shall continue therefrom, until the expiration of the term as above stated; and the Second Party shall pay rent for such additional time, at the rate hereinbefore stated. (e) That, if for any reason, apart from any delay of the Second Party in performing the covenants herein, the painting of said advertisement by the First Party shall not be completed on February 1, 1923, then, and in such event, the beginning of the term of this agreement shall be fixed as of the date of the completion of the painting of said advertisement by the First Party, and it shall continue thenceforth until the expiration of the term as above set forth. (d) That the Second Party shall not make any alteration, or change, in any advertisement painted upon said sign-board, without first obtaining the written consent of the First Party. 3. That the First Party, at its own cost and expense, shall illuminate the said sign-board from dusk to midnight; but if, for any reason, such illumination shall not be provided, the First Party shall pay to the Second Party, and the Second Party shall accept, in full settlement thereof, the amount of one-third of one day's rent of the said sign-board for each day that such illumination shall not be provided. 4. That, if the said sign-board shall be damaged by fire, or by any other cause, and the display of the advertisement of the Second Party shall thereby be temporarily discontinued, the Second Party shall not be obligated to pay any rental for the days in which such display shall be discontinued; but, upon the First Party restoring the display of the Second Party's advertisement, the Second Party shall thenceforth, and for the remainder of the term of this agreement as hereinbefore stated, continue liable for all the terms, provisions and covenants herein set forth. 5. That, in the event of the failure of the Second Party to pay any installment of rent, when due, or in the event that the Second Party shall otherwise fail to perform any of the terms, provisions and covenants of this agreement, it shall be lawful for the First Party to terminate this agreement, and, by force or otherwise, to re-enter upon said roof, and re-take possession of the said sign-board and remove therefrom the advertisement of the Second Party and to relet the said sign-board, or any part thereof, for the whole, or any part, of the then unexpired term, as the First Party shall deem best; and, in any such event, the Second Party each month shall pay to the First Party, during the balance of the term remaining after such resumption of possession by the First Party, the difference, if any, between the amount reserved as rent herein and the amount, which the First Party may receive from the reletting of the said sign-board, or any part thereof, for such month; and the First Party may demand, sue for, and enforce collection of such amount as may be due, at the expiration of each month. And the Second Party expressly agrees that any such action shall neither bar, nor prejudice, in any way, the right of the First Party to enforce, by like, or other, action, or proceedings, the collection of the amount due at the end of any future month. 6. That the First Party shall have the right to cancel this agreement, at any time prior to its expiration, upon giving to the Second Party at least five (5) days' written notice; and, upon the expiration of the time fixed by such notice, the First Party shall have the right to remove from the sign-board any advertisement, which may then be thereon. But, upon such cancellation, the Second Party shall only be liable for the pro rata portion of the amount herein agreed to be paid for the rent of such sign-board; and, if the First Party shall already have received any moneys in excess of the pro rata amount due for the period for which such advertisement shall have remained on such sign-board, the amount of such excess shall be refunded to the Second Party. IN WITNESS WHEREOF, the First Party has caused this agreement to be signed by its President, thereunto duly authorized, and its corporate seal to be affixed, attested by its Secretary, and the Second Party has hereunto set his hand and seal, the day and year Clause defining dimensions of space let. That the dimensions of the sign-board, as herein stated, are approximate, and shall be deemed to include, as part of the space let, the border, which forms a part of the sign-board. No. 9. Option to declare all installments of rent due, under agreement to display sign-board, upon default in one, with right to relet, etc.9 It is agreed that, if default shall be made by the Second Party in paying any installment of rent, then, and in such event, at the option of the First Party, all the balance of rent for the remaining period of this agreement shall immediately become due and payable; and, as security for the payment of the rent herein reserved, it is agreed that, in case there shall be a default in the payment of any installment of rent, and the balance of the rent for the remaining period of this lease shall have become due and payable as herein before provided, the First Party shall, and hereby is authorized to, remove the sign of the Second Party from such space, and rent said space, or any part thereof, on behalf of the Second Party, for the whole, or any part of the term, to such person, or persons, or corporation, or corporations, and for such term and upon such conditions as to the First Party shall seem Adapted from Realty Advertising Co. v. Hickson (1918), 184 App. Div. 168, 171 N. Y. Supp. 455. Adapted from Realty Advertising Co. v. Hickson (1918), 184 App. Div. 168, 171 N. Y. Supp. 455. best, and collect the rents thereof, and apply the payments toward any moneys, which may be due to the First Party from the Second Party, and pay the surplus, if any, to the said Second Party. And it is expressly agreed that this authorization of the First Party is, and shall be, irrevocable by the Second Party during the period of this agreement. No. 10. Option to terminate agreement to display sign-board, upon erection of obstruction upon adjoining land."" If, at any time, during the term of this contract, any fence, boarding, sign, building, addition to any building, or any other structure, shall be placed, constructed or erected upon the adjoining plot of ground to the south, of such a height as will obstruct the view of the signs of the Second Farty as provided herein, then the Second Party may, upon giving to the First Party thirty days notice in writing of its intention so to do, cancel this contract, and from and after the expiration of the period of thirty days specified in such notice, this contract shall be null and void. 10 Adapted from Mecca Realty Co. v. Kellogg Toasted Corn Flakes Co. (1917), 221 N. Y. 724, 117 N. E. 1076. CHAPTER II ASSIGNOR AND ASSIGNEE Section 1.-Assignments. No. 11-Assignment of account-short form. No. 12-Same-long form. No. 13-Assignment of annuity. No. 14-Assignment of bond, with covenant of amount due. No. 15-Assignment of chattel mortgage, with covenant of amount due. No. 16-Assignment of claim upon contract and guarantee, with power of attorney. No. 17-Assignment of contingent remainder. No. 18-Assignment of contract. No. 19-Assignment of contract, with covenants by assignee to perform the contract and to deliver to assignor bond to secure performance. No. 20-Assignment of contract of conditional sale by conditional vendor, with covenant of amount due. No. 21-Assignment of contract of conditional sale by conditional vendee. No. 22-Assignment of copyright. No. 23-Assignment of debt. No. 24-Assignment of dividends, with covenant by the assignor to pay an equivalent amount, upon transfer of his stock. No. 25-Assignment of dower by heir. No. 26-Assignment of dower by widow. No. 27-Assignment of expectancy by prospective heir. No. 28-Assignment of interest under will admitted to probate. No. 29-Assignment of entire interest in invention, before the issue of letters patent-official form. No. 30-Assignment of entire interest in letters patent-official form. |