Lessee shall have the right to install appropriate signs indicating the various uses of the Demised Premises, however, all such signs shall be in accordance with all Sign Ordinances of Horsham Township, and shall be installed only after prior approval of Lessor and the obtaining of an appropriate permit from Horsham Township. Township signs made be posted on the leased property if they meet legal requirements and are approved by the lessor.
14. Casualty Loss. (not shown)
In the event that the Demised Premises are damaged by fire or other casualty, Lessee shall forthwith proceed to repair and restore the Demised Premises to its original condition, as expeditiously as possible, with Lessee to be responsible for such repairs up to but not exceeding the amount of insurance proceeds available to Lessee for such purpose. Lessee shall have available to it for this purpose all insurance proceeds of Lessee. In the event insurance proceeds are available from Lessor’s insurance carrier, Lessor shall, to the extent permissible under applicable State law and under Lessor’s Charter, proceed to utilize available insurance funds towards the restoration of the damaged property. In the event it is determined that the damaged improvements within the Demised Premises cannot be repaired so as to substantially restore the Demised Premises to their former condition within one hundred eighty (180) days after such fire or other casualty, then Lessee shall have the right to terminate this Lease Agreement provided that all insurance proceeds payable as a result of such fire or other casualty are made available to Lessor, less what reimbursements may be due to pay back to contributors if the property is demolished. There is to be no “windfall” to the Lessor.
In the event the Demised Premises shall be taken for public use by the city, state, federal government, public authority or other corporation having the power of eminent domain, then this Lease shall terminate as of the date on which possession thereof shall be taken for such public use, or, at the option of Lessee, as of the date on which the Demised Premises shall become unsuitable, for Lessee's regular business by reason of such taking; provided, however, that if only a part of the Demised Premises shall be so taken, such termination shall be at the option of Lessee only. Lessee shall not have the right to participate, directly, or indirectly, in any award for such public taking on account of such public taking, all such proceeds being payable solely to Lessor, less what reimbursements may be due to pay back to contributors if the property is demolished. There is to be no “windfall” to the Lessor.
The occurrence of any of the following shall constitute a material default and breach of this Lease by Lessee:
(a) The abandonment of the Demised Premises by Lessee. Abandonment shall be defined as leaving the Strawbridge House without a caretaker/s or without significant work completion for a period in excess of one year, or failing to properly maintain and repair the Demised Premises. Lessor shall provide Lessee thirty (90) days notice of its intent to declare the property abandoned under this clause.
(b) A failure by Lessee to obtain, or to keep current and in full force and effect, free of violation during the entire term hereof, any licenses, permits or other approvals required to be obtained or maintained by Lessee, at any and all times during the term of this Lease, from any agency, department or regulatory body having jurisdiction over Lessee or Lessee's use of the Demised Premises, including, without limitation, its non-profit status and registration under Section 501(c)(3) of the Internal Revenue Code.
(c) A failure by Lessee to observe and perform any other terms or conditions of this Lease ?? to be observed or performed by Lessee, where such failure continues for thirty (90) days after written notice thereof from Lessor to Lessee, provided, however, that if the nature of the default is such that the same cannot reasonably be cured within such period, Lessee shall not be deemed to be in default if within such period Lessee shall commence such cure and thereafter diligently prosecute the same to completion.
(d) The making by Lessee of any assignment for the benefit of creditors; an adjudication that Lessee is bankrupt, insolvent, or unable to pay its debts; the filing by or against Lessee of a petition in bankruptcy or of a petition for reorganization or arrangement under any law relating to bankruptcy (unless, in the case of a petition filed against Lessee, the same is dismissed within sixty (60) days after the filing thereof); the appointment of a trustee or receiver to take possession of substantially all of Lessee's assets located in the Demised Premises or of Lessee's interest in this Lease (unless possession is restored to Lessee within thirty (30) days after such appointment); or the attachment, execution or levy against or other judicial seizure of, substantially all of Lessee's assets located in the Demised Premises or of Lessee's interest in this Lease (unless the same is discharged within thirty (30) days after issuance thereof). (Dissolution of either corporation?)
Upon the occurrence of any event of default:
(a) Lessor may perform for the account of Lessee any such default of Lessee and immediately recover any expenditure made and the amount of any obligations incurred in connection therewith;
(b) Lessor, at its option, may serve notice upon Lessee that this Lease and the then unexpired term hereof shall cease and expire and become absolutely void on the date specified in such notice, to be not less than thirty (30) days after the date of such notice without any right on the part of the Lessee to save the forfeiture by the performance of any term or condition broken; and, thereupon and at the expiration of the time limit in such notice, this Lease and the term hereof, as well as the right, title and interest of the Lessee hereunder, shall wholly cease and expire and become void in the same manner and with the same force and effect (except as to Lessee's liability) as if the date fixed in such notice were the date herein granted for expiration of the term of this Lease. Thereupon, Lessee shall immediately quit and surrender ?? to Lessor the Demised Premises, and Lessor may enter into and repossess the Demised Premises by summary proceedings or ejectment and remove all occupants thereof and, at Lessor's option, without being liable to indictment, prosecution or damages therefore;
(c) Lessor may, at any time after the occurrence of any event of default, re-enter and repossess the Demised Premises and any part thereof and attempt in its own name, as agent for Lessee if this Lease not be terminated, or in its own behalf of this Lease be terminated, to release all or any part of the Demised Premises for such period or periods as Lessor, in its sole discretion, shall determine, including the term beyond the termination of this Lease; and Lessor shall not be required to accept any tenant offered by Lessee or observe any instruction given by Lessee about such reletting. For the purpose of such reletting, Lessor may decorate or make repairs, changes, alterations or additions in or to the Demised Premises to the extent reasonably deemed by Lessor to be necessary; and the cost of such decoration, repairs, changes, alterations or additions shall be charged to and be payable by Lessee, as well as any reasonable brokerage and attorney fees expended by Lessor; and any sums collected by Lessor from any new tenant obtained on account of the Lessee shall be credited against the balance due hereunder as aforesaid;
(d) Lessor shall have the right of injunction, in the event of a breach or threatened breach by Lessee of any of the terms and conditions hereof, to restrain the same and the right to invoke any remedy allowed by law or in equity, whether or not other remedies, indemnity or reimbursements are herein provided. The rights and remedies given to Lessor in this Lease are distinct, separate and cumulative remedies; and no one of them, whether or not exercised by Lessor, shall be deemed to be in exclusion of any of the others.
18. Lessor's Right to Enter Demised Premises
Lessee shall permit Lessor or its agent to enter at all reasonable times and upon reasonable notice (and in case of emergency at any time) to make such alterations or repairs therein as may be necessary for the safety or the preservation thereof, or for any other reasonable purposes.
Lessee shall not assign this Lease or sublet the whole or any part of the Demised Premises without prior approval of Lessor. (Unless sublet to a local non-profit such as Celestial Arts, H-H Educational Assn, Millbrook Society or Montgomery County Conservancy, etc. or to a farmer, sheep herder or horse trainer?)
20. Quiet Enjoyment. (not shown)
21. Notice. (not shown)
22. Hazardous Materials. (not shown)
(a) This Lease shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, and if any provisions of this Lease shall to any extent be invalid, the remainder of this Lease shall not be affected thereby.
(b) There are no oral or written agreements between Lessor and Lessee affecting this Lease. This Lease may be amended only by instruments in writing executed by Lessor and Lessee.
c) The titles of the several paragraphs contained herein are for convenience only and shall not be considered in construing this Lease.
(d) Unless repugnant to the context, the words “Lessor” and “Lessee” appearing in this Lease shall be construed to mean those named above and their respective heirs, executors, administrators, successors and assigns and those claiming through or under them respectively.