Common use of PRIOR DEFAULT Clause in Contracts

PRIOR DEFAULT. If Tenant shall, before the date above fixed for the commencement of the term hereof, default in the performance of any agreement by Tenant contained in any other lease or letting by Landlord to Tenant, then, at the option of Landlord, this Lease shall not go into effect, and Tenant shall not be entitled to possession hereunder. IN WITNBESS WHEREOF, THE PARTIES HERETO HAVE SIGNED THIS LEASE. By Landlord RULES AND REGULATIONS ATTACHED TO AND MADE A PART OF THE LEASE IN ACCORDANCE WITH SECTION 10 1. The sidewalks, entrances, driveways, elevators, stairways, or halls shall not be blocked by any Tenant or used for any purpose other than for entering and leaving from the Apartment and for deliveries in a fast and proper manner using elevators and passageways chosen for such deliveries by Landlord. Neither Tenant, member of Tenant’s family, guests or visitors shall loiter in the public halls of areas of the building. 2. The water and wash closets and plumbing fixtures shall not be used for any purposes other than those for which they were designed or built and no sweeping, rubbish bags, acids or other substances shall be placed in them. Tenant shall be responsible to Landlord for any breakage, or stoppage and any damage resulting from the disobeyance of this rule by Tenant. 3. No baby carriages, tricycles, bicycles or any other similar articles shall be allowed to stand in the halls, passageways, areas or courts of the building. 4. There shall be no playing in the public halls, stairways, elevators or any of the exterior landscaped areas. 5. The laundry and drying apparatus of Landlord shall be used in such manner and at such times as Landlord may direct. Tenant shall not dry or air clothes on the roof, balcony or terrace. 6. No garbage cans, ice, milk bottles, mats or other articles shall be placed in the halls or on the staircase, landings, nor shall anything be hung from the windows, terraces or balconies, or placed upon the window ▇▇▇▇▇. Nor shall any linens, cloths, clothing, curtains, rugs or mops be shaken or hung from or on any of the windows, doors, balconies or terraces. 7. No employees of the Landlord shall be sent out of the building by any Tenant at any time for any purpose. 8. The Landlord may retain a pass key to the Apartment. No Tenant may install any lock or knocker on any door or window of the Apartment except to the extent and in the manner allowed by law and immediately upon making any such installation, Tenant shall notify Landlord or Landlord’s agent thereof and shall give Landlord or Landlord’s agent a duplicate key thereto. No changes shall subsequently be made to the locks or mechanism thereof without consent of Landlord and delivery of duplicate key thereto. Each Tenant must, upon the termination of the tenancy, return to Landlord all keys, either furnished to, or otherwise obtained by such Tenant from Landlord, and in the event of the loss of any keys so furnished, Tenant shall pay to Landlord the cost of replacing them. 9. No awnings, or other projections shall be attached to the outside walls of the building, or to the balconies or terraces and no blinds, shades, or guards, shall be attached to or hung in, or used in connection with any window or door of the demised premises without the prior written consent of Landlord. 10. No dogs or animals of any kind shall be kept or harbored in the Apartment, unless in each instance it be expressly permitted in writing by Landlord, and such consent, if given, shall be revocable by Landlord at any time for good cause. In no event shall any dog be permitted on any passenger elevator or in any public portion of the building unless carried or on a leash, nor on any grass or garden plot under any condition. BECAUSE OF THE HEALTH HAZARD AND POSSIBLE DISTURBANCE OF OTHER TENANTS WHICH ARISE FROM THE UNCONTROLLED PRESENCE OF ANIMALS, ESPECIALLY DOGS, IN THE BUILDING, THE STRICT ADHERENCE TO THE PROVISIONS OF THIS RULE BY EACH TENANT IS A MATERIAL REQUIREMENT OF EACH LEASE AGREEMENT. ANY FAILURE OF TENANT TO OBEY THIS RULE AND REGULATION SHALL BE DEEMED A SERIOUS VIOLATION OF ANY IMPORTANT OBLIGATION OF TENANT UNDER THIS AGREEMENT, AND LANDLORD MAY ELECT TO END THIS LEASE BASED UPON SUCH VIOLATION. 11. No radio, C.B. or television installation shall be made without written consent of Landlord. Any aerial erected on the roof, balcony, terrace or exterior walls of the building without the consent of Landlord, in writing, may be removed by Landlord without notice at the expense of Tenant. 12. No Tenant shall make or permit any disturbing noise in the building by himself, his family, guests, employees, or visitors, nor do or permit anything to be done by such persons will interfere with the rights, comforts or convenience of other tenants. No Tenant shall play upon, or allow to be played upon, any musical instruments or operate or allow to be operated a phonograph or radio, television receiver or any instrument in the Apartment if it shall disturb or annoy any other occupant of the building. Tenant shall not give vocal or instrumental instruction in the Apartment at any time. 13. No Tenant or any member of Tenant’s family or any guest or other person invited or permitted into the apartment by Tenant shall use or occupy the premises or any part thereof, including the common areas of the building or buildings of the project, and also including any portion of the grounds of the project, or allow same to be used or occupied for the unlawful trade, manufacture distribution, storage, and/or sale of marijuana or of any controlled substance as more specifically defined and set forth in Section 3306 of the Public Health Law and Section 220 of the Penal Law of the State of New York, or for possession of a controlled substance such as would constitute a violation of Section 220.16, Section 220.18, or Section 220.21 of the Penal Law of the State of New York. 14. No Tenant, member of Tenant’s family, or any guest or other person invited or permitted into the Apartment or common areas of the building or onto the grounds of the project by the Tenant or by a member of the Tenant’s family in occupancy with Tenant, shall engage in conduct which would constitute the unlawful possession of a “weapon” as defined in Article

PRIOR DEFAULT. If Tenant shall, before the date above fixed for the commencement of the term hereof, default in the performance of any agreement by Tenant contained in any other lease or letting by Landlord to Tenant, then, at the option of Landlord, this Lease shall not go into effect, and Tenant shall not be entitled to possession hereunder. IN WITNBESS WHEREOF, THE PARTIES HERETO HAVE SIGNED THIS LEASE. By Landlord RULES AND REGULATIONS ATTACHED TO AND MADE A PART OF THE LEASE IN ACCORDANCE WITH SECTION 10 1. The sidewalks, entrances, driveways, elevators, stairways, or halls shall not be blocked by any Tenant or used for any purpose other than for entering and leaving from the Apartment and for deliveries in a fast and proper manner using elevators and passageways chosen for such deliveries by Landlord. Neither Tenant, member of Tenant’s family, guests or visitors shall loiter in the public halls of areas of the building. 2. The water and wash closets and plumbing fixtures shall not be used for any purposes other than those for which they were designed or built and no sweeping, rubbish bags, acids or other substances shall be placed in them. Tenant shall be responsible to Landlord for any breakage, or stoppage and any damage resulting from the disobeyance of this rule by Tenant. 3. No baby carriages, tricycles, bicycles or any other similar articles shall be allowed to stand in the halls, passageways, areas or courts of the building. 4. There Children shall be no playing not play in the public halls, stairways, elevators or any of the exterior landscaped areas. 5. The laundry and drying apparatus of Landlord shall be used in such manner and at such times as Landlord may direct. Tenant shall not dry or air clothes on the roof, balcony or terrace. 6. No garbage cans, ice, milk bottles, mats or other articles shall be placed in the halls or on the staircase, landings, nor shall anything be hung from the windows, terraces or balconies, or placed upon the window ▇▇▇▇▇. Nor shall any linens, cloths, clothing, curtains, rugs or mops be shaken or hung from or on any of the windows, doors, balconies or terraces. 7. No employees of the Landlord shall be sent out of the building by any Tenant at any time for any purpose. 8. The Landlord may retain a pass key to the Apartment. No Tenant may install any lock or knocker on any door or window of the Apartment except to the extent and in the manner allowed by law and immediately upon making any such installation, Tenant shall notify Landlord or Landlord’s agent thereof and shall give Landlord or Landlord’s agent a duplicate key thereto. No changes shall subsequently be made to the locks or mechanism thereof without consent of Landlord and delivery of duplicate key thereto. Each Tenant must, upon the termination of the tenancy, return to Landlord all keys, either furnished to, or otherwise obtained by such Tenant from Landlord, and in the event of the loss of any keys so furnished, Tenant shall pay to Landlord the cost of replacing them. 9. No awnings, or other projections shall be attached to the outside walls of the building, or to the balconies or terraces and no blinds, shades, or guards, shall be attached to or hung in, or used in connection with any window or door of the demised premises without the prior written consent of Landlord. 10. No dogs or animals of any kind shall be kept or harbored in the Apartment, unless in each instance it be expressly permitted in writing by Landlord, and such consent, if given, shall be revocable by Landlord at any time for good cause. In no event shall any dog be permitted on any passenger elevator or in any public portion of the building unless carried or on a leash, nor on any grass or garden plot under any condition. BECAUSE OF THE HEALTH HAZARD AND POSSIBLE DISTURBANCE OF OTHER TENANTS WHICH ARISE FROM THE UNCONTROLLED PRESENCE OF ANIMALS, ESPECIALLY DOGS, IN THE BUILDING, THE STRICT ADHERENCE TO THE PROVISIONS OF THIS RULE BY EACH TENANT IS A MATERIAL REQUIREMENT OF EACH LEASE AGREEMENT. ANY FAILURE OF TENANT TO OBEY THIS RULE AND REGULATION SHALL BE DEEMED A SERIOUS VIOLATION OF ANY IMPORTANT OBLIGATION OF TENANT UNDER THIS AGREEMENT, AND LANDLORD MAY ELECT TO END THIS LEASE BASED UPON SUCH VIOLATION. 11. No radio, C.B. or television installation shall be made without written consent of Landlord. Any aerial erected on the roof, balcony, terrace or exterior walls of the building without the consent of Landlord, in writing, may be removed by Landlord without notice at the expense of Tenant. 12. No Tenant shall make or permit any disturbing noise in the building by himself, his family, guests, employees, or visitors, nor do or permit anything to be done by such persons will interfere with the rights, comforts or convenience of other tenants. No Tenant shall play upon, or allow to be played upon, any musical instruments or operate or allow to be operated a phonograph or radio, television receiver or any instrument in the Apartment if it shall disturb or annoy any other occupant of the building. Tenant shall not give vocal or instrumental instruction in the Apartment at any time. 13. No Tenant or any member of Tenant’s family or any guest or other person invited or permitted into the apartment by Tenant shall use or occupy the premises or any part thereof, including the common areas of the building or buildings of the project, and also including any portion of the grounds of the project, or allow same to be used or occupied for the unlawful trade, manufacture distribution, storage, and/or sale of marijuana or of any controlled substance as more specifically defined and set forth in Section 3306 of the Public Health Law and Section 220 of the Penal Law of the State of New York, or for possession of a controlled substance such as would constitute a violation of Section 220.16, Section 220.18, or Section 220.21 of the Penal Law of the State of New York. 14. No Tenant, member of Tenant’s family, or any guest or other person invited or permitted into the Apartment or common areas of the building or onto the grounds of the project by the Tenant or by a member of the Tenant’s family in occupancy with Tenant, shall engage in conduct which would constitute the unlawful possession of a “weapon” as defined in ArticleArticle 265.00 of the Penal Law of the State of New York, nor shall such person use or display a “weapon” as defined in Section 265.00 of the Penal Law of the State of New York, either in the apartment or in the common areas of the building or anywhere upon the grounds of the project. FOR VALUE RECEIVED, and in consideration for, and as an inducement to landlord to enter into the foregoing Lease, the undersigned jointly and severally hereby unconditionally guaranty to Landlord, its successors and assigns, the payment of the rent, additional rent and other sums payable by Tenant pursuant to said Lease and the full performance and observance by Tenant of all the other terms, covenants, conditions and agreements therein provided to be performed and observed by Tenant without requiring any notice of nonpayment, nonperformance, or nonobservance, or proof of notice or demand, whereby to charge the undersigned, all of which the undersigned hereby expressly waive, and the undersigned expressly agree that this guaranty shall not be terminated, affected or impaired in any way or manner whatsoever by reason of the assertion by Landlord against Tenant of any of the rights or remedies reserved to Landlord pursuant to the provisions of said Lease, or by reason of summary or other proceedings against Tenant, or by the omission of Landlord to enforce any of its rights against Tenant, or by reason of any extensions of time or indulgences granted by Landlord to Tenant. The undersigned further covenant and agree that this guaranty shall remain and continue in full force and effect as to any renewal, extension or modification of said Lease. Further, the undersigned covenant and agree that in any action or proceeding brought by either Landlord or the undersigned against the other on any matters whatsoever arising out of, under or by virtue of the terms of said Lease or of this guaranty, the undersigned shall and do hereby waive trial by jury.