this lease, and the term thereof, shall cease and determine; and, thereupon, the Landlord shall pay to the Tenant the sum of fifteen thousand ($15,000) dollars, minus any sum, or sums, due to the said Landlord for rent, taxes, water rents or otherwise, growing out of this lease.

No. 226.

Same another form.23

In the event of a contemplated sale of said premises, during the demised term, the Landlord shall, at least ten (10) days before such contemplated sale, send to the Tenant, by registered mail, addressed to the Tenant, at the said premises, a notice in writing, stating the substance of the terms on which such sale is proposed to be made; and, thereupon, within ten days from the date of the mailing of said notice, the Tenant shall have the right to purchase the said premises, upon the terms and conditions proposed, and, on failure of the Tenant to exercise such option, within the time aforesaid, the option hereby granted to the Tenant shall be and stand cancelled.

No. 227.

Same-another form.24

That the Landlord, and its assigns, in case of a sale, shall have the option, or privilege, of terminating this lease on the first day of any month, during the term hereby demised; and the Tenant, on receiving notice, by registered mail, or otherwise, from the Landlord, or its assigns, of the exercise of such option, or privilege, to terminate this lease, shall quit and surrender possession of said demised premises to the said Landlord, or its assigns, on the first day of the month next ensuing such notice.

23 Adapted from New Atlantic Garden, Inc. v. Atlantic Garden Realty Corp. (1922), 201 App. Div. 414, 194 N. Y. Supp. 34.

24 Adapted from Lusonray Holding Co., Inc. v. McCastline (1920), 192 App. Div. 156, 182 N. Y. Supp. 156.

No. 228.

Same another form,25

The Landlord shall have the privilege of terminating the within lease, at any time, in the event of a sale of the premises, by giving sixty (60) days' previous written notice thereof to the Tenant.

(C).—Covenants by Tenant.

No. 229.

Covenant authorizing landlord to make alterations.26

The Tenant further covenants and agrees that, if the Landlord shall be required to make any changes of any kind, or nature, to the building, or to the sidewalks, or any part thereof, whatsoever the same may be, the Tenant will permit the Landlord to make any such changes, alterations or additions, in accordance with law, and further agrees that the Landlord shall be permitted, at any time, to change, alter, or remove, the entrance to, or the halls in, the building, as the Landlord may desire (without any claim against the Landlord for damages, and without any reduction for rent), provided that ingress and egress shall be provided, during any such alteration, and further agrees that the Landlord, the Landlord's agents, or servants, may, at any time, enter said premises, for the purpose of making repairs, or alterations, either to the interior of the building, or any part thereof, or to the pavements, gutters, or curbstones, as the said Landlord may deem advisable, or for the pur pose of additional security to the building, or to enlarge the vaults connected with the premises, or to make such other alterations to the sewer and sewer connections, water pipe connections, as the Landlord may deem advisable, and the said Tenant agrees not to offer any obstruction, or hindrances, to such alterations, additions, or improvements, but to aid and assist in the same, nor to demand any compensation for damage, annoyance, or injury, caused thereby under the plea, real or alleged, of damages; nor to claim any deduction of rent in consequence thereof, in any manner whatsoever.

28 Adapted from Payne v. Brathwaite (1920), 113 Misc. 517, 185 N. Y. Supp. 107. Cf. Smith v. Kerr (1888), 108 N. Y. 31, 15 N. E. 70, 2 Am. St. Rep. 362.

No. 230.

Covenant authorizing landlord to remove encroachments.27

It is further agreed that, whereas the show-windows, or some other portion of the premises adjacent to the premises demised by this lease, may, at present, project beyond the building line, and, therefore, encroach on city property; and whereas, there may have been, in the past, or may be, in the future, an ordinance, or order, passed, or issued, by the municipal authorities, directing the removal of any such encroachment as may exist beyond the building line, it is understood that this lease is signed with full knowledge by the Tenant of the existence of such encroachments; and it is further understood and agreed that, should said ordinance, or order, become effective, that the Landlord may, at the Landlord's own cost and expense, remove the show-windows from their present location, if such be the case, to the building line, and, in the event of any other encroachments existing, that the Landlord may remove such encroachments, or fill up the space occupied by such encroachments; and the Tenant shall not make any claim for damages, or reduction in rent, owing to the said show-windows being removed, or the said encroachments being removed, or filled up. But, if it shall become necessary or desirable for the Landlord to make any of the changes above referred to, the Tenant shall protect the Tenant's goods and chattels, in such a manner as to hold the Landlord free and harmless from any claim for damages to the Tenant's goods and chattels, or to the Tenant's business.

No. 231.

Covenant authorizing landlord to repair, at tenant's expense, upon his default.28

If the Lessee shall fail to promptly execute and comply with any of the laws, rules, orders, ordinances, requirements, or regulations, of any of the authorities, departments, boards, or bodies, hereinbefore mentioned, or to make the repairs necessary to keep the said premises in good repair, then, and in any such event, the Lessor

Cf. Smith v. Kerr (1888), 108 N. Y. 31, 15 N. E. 70, 2 Am. St. Rep. 362. 25 Cf. Knepper v. Rothbaum (1918), 104 Misc, 554, 172 N. Y. Supp. 109.

LANDLORD AND TENANT

413 shall have the right to execute and comply with such laws, rules, orders, ordinances, requirements, and regulations, and to make such repairs, at the Lessor's own cost and expense, and such cost and expense shall be added to, and become, and be, a part of, the rent, herein provided to be paid by the Lessee, then, or next to become, due.

No. 232.

Covenant by tenant to alter building into garage.29

That the said Landlord has let unto the said Tenant and the said Tenant has hired from said Landlord, premises known as No. 3072 East 15th Street, Borough of Manhattan, New York City, to be conducted as a garage, also for the sale of automobiles and automobile supplies and accessories, including any supplies pertaining to the automobile business permitted by law.

That this lease is given upon the express condition that the Tenant, at its own cost and expense, shall forthwith proceed to make the necessary alterations and change the nature of the premises herein described, from stable into a garage, which shall be completed on or before May 5, 1923, and which garage shall be in strict compliance with the laws governing the same in any and all departments of the city and state of New York.

No. 233.

Covenant by tenant that alterations, etc., shall belong to landlord.30

That all alterations, additions, or improvements, which may be made by either of the parties hereto, upon the premises, except movable office furniture put in at the expense of the Tenant, shall be the property of the Landlord, and shall remain upon, and be surrendered with, the premises as a part thereof, at the termination of this lease, without hindrance, molestation, or injury.

Adapted from Kanter v. New Amsterdam Casualty Co. (1921), 233 N. Y. 602, 135 N. E. 935.

30 Adapted from Century Holding Co. v. Pathe Exchange, Inc. (1922), 200 App. Div. 62, 192 N. Y. Supp. 380.

No. 234.

Covenant by tenant to comply with orders of governmental departments.311

The Tenant further covenants and agrees to comply with and execute, at its own expense, all lawful orders and regulations of the board of health, police department and city corporation, relating to said premises.

No. 235.

Same another form.32

The Tenant, at his own cost and expense, shall promptly comply with each, every and all laws, orders, regulations and notices made by, or pursuant to, any federal, state, county, or municipal, or other lawful, authority, in, upon, appertaining to, or affecting, the said demised premises, or their appurtenances, and shall pay all fines and penalties incurred by the said demised premises, or by the Landlord, or the Tenant, which may be imposed, by reason of any failure, actual or alleged, on either of their parts, thus promptly to comply with and execute the same.

No. 236.

Covenant by tenant to continue liable, after summary proceedings or abandonment of premises.3

33

If the Tenant shall be dispossessed, by the issuance or service of any warrant, or final order, in summary proceedings, or if the Tenant shall abandon the premises, the Tenant shall, nevertheless, continue liable for the payment of the rent and the performance of all the other conditions herein contained.

31 Adapted from Frank v. Sidney B. Bowman Automobile Co. (1922), 233 N. Y. 584, 135 N. E. 928.

32 Adapted from Cohen v. Margolies (1922), 232 N. Y. 584, 134 N. E. 581. 23 Adapted from Mann v. Ferdinand Munch Brewing Co. (1919), 225 N. Y. 189, 121 N. E. 746.