thousand ($3,000) dollars, which may be imposed upon the land and building, known on the Tax Map of the Borough of Manhattan, City of New York, as Lot No. 10, Block No. 235A, of which the demised premises are a part, in any and every year, during the period of this lease. Such amount shall be paid within five (5) days after it shall have been demanded by the Landlord, and it shall be collectible as rent. A tax bill shall be sufficient evidence of the amount of the real estate taxes so imposed, and for the calculation of the amount to be paid by the Tenant.

No. 250.

Covenant by tenant to pay the rent as stipulated.*

The Tenant shall pay to the Landlord the rent herein reserved, on the days and in the manner herein provided, except that the rent for the first month shall be paid at the time of the signing of this lease.

No. 251.

Covenant by tenant to pay, as rent, expenditures incurred by landlord, because of tenant's failure to perform.

48

In case the Landlord shall pay, or be compelled to pay, a sum of money, or to do any act which requires the payment of any money, by reason of the failure of the Tenant to perform one or more of the covenants herein contained to be kept and performed by the Tenant, then and in such event the sum or sums so paid by the Landlord, together with all interest, costs and damages, shall be considered as additional rent, and shall be added to the rent next becoming due in the month succeeding such payment, and shall be collectible in the same manner, and with the same remedies, as if they had been rents originally reserved, or additional rents as herein specifically defined.

47 Cf. Smith v. Barber (1906), 112 App. Div. 187, 98 N. Y. Supp. 317. 48 Adapted from Cuyler Realty Co. v. Teneo Co. Inc. (1921), 196 App. Div. 440, 188 N. Y. Supp. 340.

No. 252.

Covenant by tenant to pay for repairs, as part of rent.

49

The Tenant shall, and will, keep the inside of said premises in good order and repair, during the term aforesaid, and, upon failure so to do, the Landlord shall have the right to give notice in writing to the Tenant, to be mailed to the Tenant by registered mail, addressed to the demised premises, specifying the repairs, which the Tenant may have failed to make, and, in the event that the Tenant shall have failed to make the same, within thirty (30) days from the date of the mailing of such notice, the Landlord shall have the right to make such repairs and to add the amount of the cost thereof to the rent due hereunder on the 1st day of the month following the date of the repairs; and the cost of such repairs shall be, and constitute, such rent, together with the rent above provided for.

No. 253.

Covenant by tenant to pay water charges.50

The Tenant agrees to pay the annual Croton water, or meter, charges, during the term demised, which are, or may be, assessed, or imposed, upon, or grow due and payable out of, or for, the demised premises.

No. 254.

Same-another form.51

The Tenant shall pay the annual Croton water, or meter charges, which, during the term hereby demised, shall, or may be assessed, or imposed upon, or grow due and payable out of, or for, the demised premises; and, if the same shall not be provided for by separate water meter, the Landlord may, at any time during the term hereof, install a meter; or, upon demand of the Landlord, the Tenant shall pay fifteen (15%) per cent of the Croton water charge on the entire premises of which the premises hereby demised

Adapted from Knepper v. Rothbaum (1918), 104 Misc. 554, 172 N. Y. Supp. 109. 60 Cf. Lehmaier v. Jones (1905), 100 App. Div. 495, 91 N. Y. Supp. 687. 51 Cf. N. Y. University v. American Book Co. (1910), 197 N. Y. 294, 90 N. E. 819.

are a part, and the Tenant shall pay such amount to the Landlord, as additional rent, within five (5) days after the Tenant shall have been notified of the amount thereof by the Landlord, and it shall be collectible, accordingly, as rent. A water bill shall be sufficient evidence of the amount of water charges, and for calculation of the amount to be paid by the Tenant.

No. 255.

Same-another form 52

The Lessee agrees to pay, when assessed and due, fifteen (15%) per cent of all water rates, and other charges for the supply of water, imposed, taxed, or charged, according to law, on said building, during the term of this lease, and, if not so paid, the same, together with all interest and penalties thereon, shall be added to, and become, and be a part of, the rent then due, or next to become due.

No. 256.

Covenant by tenant to permit landlord to enter for inspection or repairs.53

The Tenant shall permit the said Landlord, or its agents, to enter the said premises, at reasonable hours, to examine the same, or to make such repairs and alterations therein as shall be necessary for the safety and preservation thereof.

No. 257.

Covenant by tenant to remove snow and ice.54

The Tenant shall remove all snow and ice from the sidewalk in front of the premises hereby leased, within four (4) hours after snow shall have ceased to fall or ice shall have formed.

52 Cf. Lowenthal v. Michels (1908), 59 Misc. 195, 110 N. Y. Supp. 639. 3 Adapted from Harperley Hall Co. v. Joseph (1921), 187 N. Y. Supp. 120. 54 Cf. Clifford v. Atlantic Cotton Mills (1888), 146 Mass. 47, 15 N. E. 84, 4 Am. St. Rep. 279; City of Rochester v. Campbell (1890), 123 N. Y. 405, 25 N. E. 937, 20 Am. St. Rep. 760, 10 L. R. A. 393; Harkin v. Crumbie (1897), 20 Misc. 568, 46 N. Y. Supp. 453.

No. 258.

Covenant by tenant to replace damaged plate glass.55

If any of the plate glass in the demised premises shall be damaged or broken, whether because of the carelessness of the Tenant, or otherwise, the Tenant shall replace the same, at his own cost and expense.

No. 259.

Covenant by tenant to vacate, upon sale and notice.56

Should the said premises be sold, the Tenant agrees to vacate the same, at any time, on thirty (30) days' notice.

No. 260.

Covenant by tenant to vacate such portions of a farm as lessor may sell.57

The Lessor may, from time to time, sell any portion of the premises hereby leased, and, at the time of each and any such sale, the Lessee agrees to vacate such portion, or portions thereof, and shall not claim, or be entitled to receive, any compensation for crops, or otherwise; but, in the event of any sale, or sales, of any portion of the premises hereby leased, the monthly rent herein provided for shall be reduced for the unexpired term by an amount equivalent to five (5%) per cent of the sale price of such portion, or portions, of said premises.

No. 261.

Covenant by tenant to waive negligence of landlord.59

In consideration of the reduced rental at which the above described premises are let, it is agreed that the Landlord shall not be liable for any damage, or injury, which may be sustained by the

55Cf. Cohen v. Hill (1894), 9 Misc. 326, 30 N. Y. Supp. 209.

5 Adapted from Weinman v. Trainor (1921), 114 Misc. 403, 186 N. Y. Supp. 587.

57 Adapted from Pratt v. Prentice (1917), 221 N. Y. 707, 117 N. E. 1082. 58 Cf. Levin v. Habicht (1904), 45 Misc. 381, 90 N. Y. Supp. 349.

Tenant, or any other person, or their goods and chattels, whether by reason of leakage, obstruction, or other defect, of the water pipes, gas pipes, soil pipes, or other leakage in, or about, said premises, or in, or from, any other part of the building of which the demised premises are a part, or the condition of said premises, or any part thereof, or by, or through, the elevator, if any, or from any other cause whatsoever, whether the said damage, or injury, should be caused by or be due to the negligence of the Landlord, his agents, servants or employees, or not.

No. 262.

Covenant by tenant waiving right to redeem premises."

59

In the event that summary proceedings, or any other proceedings, shall be begun by the Landlord, and result in the Tenant being removed, or dispossessed, from the possession of the demised premises, such proceedings shall terminate this lease, and all rights of the Tenant hereunder; and the Tenant shall not have the right to redeem and re-obtain possession of said premises, by payment of past debts and obligations, or in any other way, all of which rights, as provided by Section 1437 of the Civil Practice Act, and all other sections and provisions therein contained, being hereby expressly released, waived and surrendered by the Tenant.

No. 263.

Covenant by tenant not to claim award in condemnation proceedings.

60

In the event the said premises, or any part thereof, shall be taken and condemned for public purposes, by the proper authorities, then the Tenant shall have no claim against the Landlord and shall not have any claim, or right to claim, or be entitled to any portion of the amount that may be awarded as damages or paid as a result of such proceedings, and all rights to damages, if any, of the Tenant are hereby assigned to the Landlord.

5 Cf. Witbeck v. Van Rennsselaer (1876), 64 N. Y. 27.

60 Cf. Matter of City of New York (1908), 193 N. Y. 117, 85 N. E. 1064; Phyfe v. Eimer (1871), 45 N. Y. 102.