No. 237.

Covenant by tenant to deposit security.31

The Tenant has this day deposited with the Landlord, the sum of two thousand ($2,000) dollars, the receipt whereof is hereby acknowledged by the Landlord, as collateral security for the payment of the rents to grow due to it from him under this lease, and for the faithful performance by him of all the other obligations hereunder, and the payment of any and all sums of money for which he may be, or become, liable, hereunder.

No. 238.

Covenant by tenant to discharge mechanic's liens."

35

If any mechanic's lien, or liens, shall be filed against the demised premises for work done, or materials furnished to the Tenant, the Tenant shall, within ten (10) days thereafter, at his own expense, cause such lien, or liens, to be discharged, by filing the bond for that purpose required by law.

No. 239.

Covenant by tenant to execute further instruments.36

The Tenant agrees to execute and acknowledge any instrument, in writing, that the Landlord may desire, which, in a general way, shall be in accordance with the provisions of this lease. If the Tenant shall fail to do so, within five (5) days after notice, or demand, the Landlord shall have the right, should he so desire, to terminate this lease, on account of the Tenant's failure to perform this covenant.

34 Adapted from Markman v. 451-455 Grand St. Corp. (1916), 168 N. Y. Supp. 522.

25 Cf. DeKlyn v. Gould (1901), 165 N. Y. 282, 59 N. E. 95, 80 Am. St. Rep. 719. 30 Cf. Colby v. Osgood (1859), 29 Barb. (N. Y.) 339.

No. 240.

Covenant by tenant to indemnify landlord against negligence.37

The Tenant shall keep and hold harmless the Landlord from any and all damages and liability for anything and everything whatsoever, arising from, or out of, the occupancy by, or under, the Tenant, the Tenant's agents, or servants, and from any loss, or damage, arising from any fault, or negligence, by the Tenant, or failure on the Tenant's part to comply with any of the covenants, terms and conditions herein contained, or otherwise, or whether it be caused by, or be due to, the failure of the Landlord to perform any of the covenants herein, expressed or implied, which are to be performed by the Landlord.

No. 241.

Covenant by tenant authorizing landlord to insure plate glass, for tenant's account.38

The Tenant hereby authorizes the Landlord, if the Landlord should so elect, to insure the plate glass for the Tenant's account, charging the premium for such insurance to the Tenant, who hereby agrees to pay the same, upon demand, and, in default of such payment, upon demand of the Landlord, the same shall be added to and be considered as part of the rent.

No. 242.

Covenant by tenant to obtain consent to changes in electrical equipment.3

39

No change, alterations, or additions to the electrical equipment shall be made in the premises hereby leased, except upon the written permission, or authorization, of the Landlord.

37 Cf. Woodbury v. Post (1893), 158 Mass. 140, 33 N. E. 86; Gilbert v. Weman (1848), 1 N. Y. 550, 49 Am. Dec. 359; Moloney v. Nelson (1893), 70 Hun. 202, 24 N. Y. Supp. 147.

29 Cf. Roesch v. Johnson (1900), 69 Ark, 30, 62 S. W. 416.

39 Cf. Denechand v. Trisconi (1874), 26 La. Ann. 402; Kuneman v. Boisse (1867), 17 La. Ann. 26. .

No. 243.

Covenant by tenant to pay deficiency upon reletting, with waiver of notice of intention to re-enter.40

In case of default in any of the covenants, the Landlord may resume possession of the premises, and relet the same, at the best rent that can be obtained, for the remainder of the term, for the account of the Tenant, who shall make good any deficiency; and any notice, in writing, of intention to re-enter, as provided for in the third section of an act entitled "An Act to Abolish Distress for Rent and other Purposes," passed May 13, 1846, is expressly waived.

No. 244.

Same another form.11

If the said premises, or any part thereof, shall become vacant, during said term, the Landlord, or his representative, may re-enter the same, without being liable to prosecution therefor, and relet the said premises as the agent of said Tenant, and receive the rent thereof, applying the same, first, to the payment of such expenses as the Landlord may be put to in re-entering, and, then, to the payment of the rent due under this lease, the balance, if any, to be paid over to the Tenant, who shall remain liable for any deficiency.

No. 245.

Same another form.42

In the event that the Landlord shall obtain possession by reentry, dispossess, summary proceedings, or otherwise, the Tenant shall pay to the Landlord the expenses incurred by the Landlord in obtaining possession of said premises, including legal expenses and attorneys' fees, and shall pay such other expenses as the Landlord shall have incurred in putting the premises in good order and

40 Adapted from Golick v. Thompson (1917), 165 N. Y. Supp. 788. Cf. Michaels v. Furst (1902), 169 N. Y. 381, 62 N. E. 425, 32 Civ. Proc. R. 310.

42

Cf. Hall v. Gould (1855), 13 N. Y. 127; Lewis v. Stafford (1898), 24 Misc. 717, 53 N. Y. Supp. 801.

condition, and shall, also, pay any other expense, or commissions, which shall be paid by the Landlord in and about the letting of the premises; and the Tenant further agrees to pay to the Landlord, each month, the difference between the amount of rent herein reserved, and the amount of rent, which shall be collected and received from the demised premises for such month, during the residue of the term herein provided remaining after the Landlord shall have taken possession of the premises; and the Landlord may sue for and enforce the collection of such amount, which may be due at the expiration of each month, and the Tenant expressly agrees that any such suit shall not be a bar, or prejudice, in any way, to the rights of the Landlord to enforce the collection of the amount due at the end of any other future month, by a like, or similar, action or proceeding. The overplus, if any, at the termination of the period herein provided for, shall be paid to the Tenant, unless, within a period of six (6) months from the termination of this lease, as aforesaid, the Landlord shall, by notice in writing, release the Tenant from any and all liability whatsoever in this clause contained, which, it is agreed, the Landlord shall, at the Landlord's option, have the right to do; and, in such an event, it is agreed that the Landlord and the Tenant shall have no further rights and liabilities hereunder.

No. 246.

Covenant by tenant to pay increase in price of coal.43

It is mutually understood and agreed that the rent herein specified is predicated upon the Landlord's ability to obtain coal at a price not exceeding twenty-five (25%) per cent over the April, 1923, quotations of six ($6) dollars per ton for pea coal, six and one-half ($6.50) dollars per ton for egg and broken coal, and seven ($7) dollars per ton for nut and stove coal, and, in the event that the Landlord shall not be able to buy coal, except at a price in excess thereof, the Tenant shall pay to the Landlord, during such period as the price of coal is in excess of the amount stipulated above, his proportionate share of said excess amount, which amount shall be calculated, as follows: The excess cost shall be fixed, by deducting the amount, which coal would cost at its highest point

43 Adapted from Clause Recommended to Association of Property Owners.

(as above specified) from the amount actually paid out for each monthly period, when steam is on, and dividing said excess cost equally among the Tenants each month, which amount shall then be added to the monthly rent then next due, be deemed rent, and be collectible as such.

No. 247.

Covenant by tenant to pay increase in insurance premiums.**

The Tenant shall, on demand, pay, as part of the rent, any increase of premium for the insurance of the building, or premises, or any part above the least hazardous rate, for the business mentioned herein, which may be imposed in consequence of the use or occupation of the Tenant, or which may be due, in any way, directly or indirectly, to the said use and occupation of the premises by the Tenant.

No. 248.

Covenant by tenant to pay real estate taxes and other assessments.4

That the Tenant shall, and will, pay and discharge, when due and payable, or within sixty (60) days thereafter, all and every tax and taxes, Croton water, or other water, rates, charges for placing, replacing, or repairing, water meters upon said premises, rents, charges, assessments, duties and other impositions whatsoever, as well ordinary as extraordinary, which shall be assessed, levied, or imposed, upon the said premises, or any part thereof, by any government, power, or authority whatsoever, during the said term, except that the Landlord covenants and agrees to pay all taxes, assessments, or other charges, which may become a lien and charge on said premises in the year 1923.

No. 249.

Covenant by tenant to pay increase in real estate taxes.46

The Tenant shall pay, as rent, six (6%) per cent of the increase in the amount of real estate taxes, over and above the sum of three "Cf. Noel v. H. Bencke Lith. Co. (1890), 58 N. Y. Super. Ct. 587, 11 N. Y. Supp. 589, aff'd. (1892), 134 N. Y. 617, 32 N. E. 649.

45 Adapted from Wall v. Hess (1922), 232 N. Y. 472, 134 N. E. 536. 46 Cf. Lehmaier v. Jones (1905), 100 App. Div. 495, 91 N. Y. Supp. 687.